Admission to higher education, issues arising from applicants with criminal convictions

Historically, applicants for entry to higher education have not been required to declare information about their background with respect to criminal convictions. In the 1990s a number of cases arose where entrants to higher education who did have criminal backgrounds proceeded to reoffend. In response, the University and Colleges Admissions Service introduced from 1998 a question on its standard application form which requires all applicants to declare whether or not they have any criminal convictions. This apparently innocuous question raises a significant number of legal issues, most notably relating to contractual and tortious duties, rehabilitation of offenders, human rights and data protection. This article considers each of these areas with reference, as appropriate, to the interests of both the applicant with criminal convictions and other members of the higher education community who might be at risk should reoffending occur.