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Criminal convictions and probation conditions - policy and procedure

1. Introduction

1.1 Birkbeck, University of London (hereafter abbreviated to 'the University' or 'Birkbeck') fully supports the rehabilitation of offenders and recognises that higher education can positively support an individual's personal and professional rehabilitation. The University also recognises that it needs to balance the rights of all members of the Birkbeck community, including the right to study safely.

1.2 In most cases, a prior criminal conviction will not be relevant to study at the University, and we only ask what information is relevant to a student's studies. In all cases the University can advise students in confidence on the likely impact of a conviction on study and future career plans.

1.3 The University does need to ascertain that probation conditions and legal restrictions will not be an obstacle to studying at the University or participating in extra-curricular activities. In most cases this will not be an issue and where there are conditions that might restrict study (for example, curfew restrictions that conflict with class attendance) we can help liaise with the probation service to get those conditions amended. But there may be circumstances where the nature of some legal restrictions would make it difficult, or impossible, to follow a programme of study (for example a ban on computer or internet access).

1.4 Where a student is under probation conditions, the University will need to liaise with the student or applicant's Statutory Services to identify any perceived risk and to assess whether the University can manage that risk.

1.5 Where the University assesses that there is a risk posed that it cannot manage, it reserves the right to decline an enrolment. In all cases the University must balance the needs of the individual student against the needs of the wider student body and make decisions considering the need to ensure that its resources (including human and learning resources) are optimally deployed. All circumstances will be reviewed on a case-by-case basis.

1.6 As part of Birkbeck's commitment to equality, it is important to ensure that students with a criminal conviction are not substantially disadvantaged compared to other students. This may mean that students with unspent criminal and some spent criminal convictions will need to be treated differently in order to meet their needs.

1.7 This policy is relevant to applicants, offer holders and enrolled students. The University requires all students to disclose, as a condition of enrolment, any probation conditions.

1.8 There may be a small number of programmes of study where a Disclosure and Barring Service (DBS) check is required either as a requirement of a governing body, or because the nature of the study (for example where the study involves contact with children or vulnerable adults). Where this is required, it would be publicised in the course publicity available on the Birkbeck website, or with research projects, this would be made clear by the ethics committee.

1.9 If you would like to discuss any of the above, you are encouraged to make contact in the strictest confidence with our Safeguarding Officers. Further information can be obtained from www.unlock.org.uk and the Registry Services web pages. You can view the Safeguarding, Admissions and Appeals Policies here and additional information can be found in the Safeguarding Policy and Procedure.

1.10 If the offer holder is applying for study where the Safeguarding Team feels that the circumstances surrounding a prior conviction raises a safeguarding issue, the Director of Education and Student Experience (or their nominee), on behalf of the Vice-Chancellor, will convene a safeguarding panel, which will consider any action that may be necessary for the applicant to enrol and any appropriate advice or support they may need in relation to their programme of study. Risk assessments will consider contextual information. The Director of Education and Student Experience (or their nominee) may write to the applicant or student to request further information, to help inform the safeguarding discussion and risk assessment. The risk assessment will consider the risks to the individual with a relevant criminal conviction, as well as that of the wider Birkbeck community.

1.11 The Safeguarding Panel may feel that disclosure of an offence to the wider Birkbeck community could make a student's continued studies difficult or even place them in danger. Under such circumstances, the University may need to discuss a plan with the applicant or student, as to how they would wish the University to manage the situation should their previous conviction become widely known within the Birkbeck community. If details of a conviction are in the public domain, consideration will be given to developing a plan to support the student to manage this. It is anticipated that the Safeguarding Panel will consider the following topics below, as part of any risk assessment (the impact and likelihood of each will also be considered):

  • 1.11.1 Are there any legal restrictions placed on the applicant that would prevent or seriously disadvantage study, e.g., restrictions on the use of the internet?
  • 1.11.2 Can the faculty/school practically support the intended programme of study?
  • 1.11.3 Does the offer holder/student face an unacceptable level of risk to their own wellbeing?
  • 1.11.4 Does the offer holder/student pose an unacceptable level of risk to staff, students or visitors to the University?
  • 1.11.5 Has the offer holder/student been advised on study and career options?
  • 1.11.6 Are there any known local situations that the programme team need to be mindful of, e.g. course content or staff, students or visitors who have been the victims of crime?
  • 1.11.7 Is the conviction a matter of public knowledge, e.g. can the student and situation be identified by a web search?
  • 1.11.8 Timescales involved, e.g. period of time after release without re-offending.

2. Support in applying and studying

2.1.1 All applications are assessed on academic grounds.

2.1.2 Enrolment will be paused if legal restrictions are disclosed while the context and implications of the background to the legal restriction are assessed by the Safeguarding Team. The University may also require further information to help inform the consideration.

2.1.3 Those considering the disclosure will not contact a third party without specific written consent, as information about criminal convictions is considered sensitive personal data and as such, its use is subject to the greater protection of the General Data Protection Regulations (GDPR). In the absence of a response or consent being given, the University reserves the right to withdraw the offer.

2.1.4 Applicants to courses that require a Disclosure and Barring Service (DBS) check are required to disclose all convictions, whether spent, or unspent, including cautions, reprimands, warnings and bind-overs and will be required to obtain a satisfactory disclosure from the DBS. The relevant forms and notes will be sent to the applicant with their initial offer. Please review the list of affected courses posted on the Birkbeck website.

2.1.5 A criminal conviction may impact the possible career choices for students. The University can support students with a criminal conviction and signpost them to information regarding the implications of a criminal record, to make informed choices about their chosen path of study.

2.1.6 The University will endeavour to highlight to applicants and students in the programme specification and other relevant programme documentation, where a criminal conviction for a specific offence/group of offences would either bar them from studying that specific subject or would restrict what options were available to them.

2.1.7 Where a student has a prior conviction that they are not required to disclose to the University as a condition of enrolment, the University can still advise the student about the implications of their conviction to their future career plans. Any information that the student wishes to disclose for this purpose will be treated in confidence.

2.2 Students on professional programmes

2.2.1 When a student is studying on a programme which leads to a qualification that entitles them to work in a profession that is exempt from the Rehabilitation of Offenders Act 1974, and when the determination of Fitness to Practice is part of this programme, or when the student is undertaking while at Birkbeck, other work with children or vulnerable adults, either as part of their course or independently for which criminal record disclosure is appropriate, they will be advised of the additional checks necessary. These checks may require the disclosure not only of relevant unspent convictions but of spent convictions, cautions and other warnings etc., as specified at the relevant time and of other relevant personal circumstances. The Rehabilitation of Offenders Act 1974 (Exceptions Order 1975 (Amendment)) (England and Wales) Order 2003, now provides that certain spent convictions and cautions are 'protected' and are not subject to disclosure. Guidance and criteria on the filtering of protected cautions and convictions can be found on the Disclosure and Barring Service website.

2.2.2 Please note that some convictions are never filtered out. Further information can be obtained from www.unlock.org.uk.

2.3 Students under supervision of the Police or Probation Service

2.3.1 Where students or offer holders are under the supervision of Statutory Services (Police or Probation Service), the University will liaise with the service and other relevant authorities to clarify whether or not it would be possible for the student to study at the University, without breaching their conditions of release and where the conditions conflict with the needs of study, whether the conditions can be amended to enable study. We will also seek to establish if it is possible for the student to study at the University in line with any legal restrictions imposed, of which cannot be amended.

2.3.2 Where students under supervision are enrolled, a safeguarding officer will act as a point of contact to agree with the student who in the University might need to know details of their past record, what the University is obliged to report back to Statutory Services and to identify any support or advice needs of the student. Safeguarding contacts are detailed in the Safeguarding Policy and Procedure.

3. Confidentiality

3.1 Details of criminal convictions should normally remain confidential to those members of staff involved in the administration of the admissions process, in relation to convictions and those staff required to engage with Statutory Services and the student, where there are ongoing legal restrictions on the student (the Director of Education and Student Experience (or their nominee) and named Safeguarding Officers). Relevant academic staff will also be informed as necessary.

3.2 All information relating to criminal records is sensitive personal data and will be stored securely, in keeping with data protection legislation. Details about a student's criminal conviction will be stored securely and separately from the student record.

3.3 There may be reasons why the conviction will need to be disclosed to other members of staff, such as to ensure that the University is able to comply with probation restrictions. Such broader disclosure will be discussed with the student, unless there is a specific emergency that requires immediate action, in which case the Safeguarding Officers and the Director of Education and Student Experience (or their nominee) will decide as to the necessity of disclosure.

3.4 A student following a course of study or an additional activity, is required to co-operate fully with the appropriate instructions given concerning disclosure. Becoming a student comes with both rights and obligations, on both the applicant/student and the University. At the heart of this relationship is trust and respect of mutual obligations. Any information provided will be treated confidentially and in accordance with the Data Protection Policy.

3.5 The University will produce an annual anonymised report for Academic Board and Equalities Committee, on the number of applicants and students who declare a relevant conviction. The report will also note the number of referrals to a Safeguarding Team.

4. Notes

4.1 Further information can be obtained from www.unlock.org.uk and the Registry Services web pages, where you can view the Safeguarding, Admissions and Appeals policies.

Policy review

  • Created: June 2017
  • Latest update: July 2026
  • Date of next review: 2027-28 academic year
  • Owner: Head of Student Support and Wellbeing Services
  • SLT owner: DVC Education and Student Experience
  • Committee oversight: Education and Student Experience Committee for Academic Board