Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has assessed the extent to which criminal record disclosure questions used by employers are accessible to neurodivergent applicants.

The Government is committed to helping ex-offenders overcome barriers and find employment to help turn away from reoffending and reintegrate into society. The criminal records regime is designed to play a role in this process, striking a balance between providing employers with the information they need to make safer recruitment decisions and enabling ex-offenders to rebuild their lives.

A criminal record, spent or otherwise, should not be an automatic barrier to employment. We have produced guidance for applicants and employers explaining how criminal record disclosure works, including the rules governing spent and protected convictions and cautions, and how employers should use information disclosed in making recruitment decisions. This guidance states that employers should discuss the disclosed information with the applicant and make a balanced judgment on whether someone’s convictions make them unsuitable for a particular role.

The Government also provides support through the online Disclosure Checker tool, which helps individuals understand what cautions and convictions they are required to disclose in different circumstances, and we signpost to a number of third sector organisations which can provide tailored, individual support to people with criminal records.

The Disclosure and Barring Service (DBS) promotes the fair and appropriate use of criminal record information through its online guidance and outreach activity and encourages employers to discuss disclosed information with applicants where appropriate.

The Government committed to consult on a targeted, proportionate package of reforms to the childhood criminal records regime in the Youth Justice White Paper by the end of this year. We also work with employer groups and third sector charities supporting people with criminal records to promote best practice, reduce stigma and inform policy decisions. We will continue to use this engagement to ensure that guidance and support for employers and individuals remains clear, accessible and proportionate.