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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47887
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I have 2 questions first is , in 2007 i have disciplinary

Resolved Question:

Hi I have 2 questions first is , in 2007 i have disciplinary action and i lost my job in one of a care homes they put some records to pova check , now my employer wish to do new full crb check do i have to worried about this or after 6 years my record in pova will be clear ? if not how i can claim for discharge or clear this record? other question is 2010 - 3 years ago i declare to be a bankrupt after one year i should be automaticly discharge , can i apply for managment position ? please can you give me the answer Regards Damian
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know if you are still working in a care home.

Customer:

hello not really for last five years i was work in automobile department but now i got a new job in private medical centre just start 2 days ago

Customer:

care home put some notes in 2007 not sure if is automaticly discarched after 5 years coz crb check will be done for last 5 years

Customer:

this same question i have about bankruptcy order can be some notes in crb ? and can i work as manager when i was discarched just after 1 year but was 3 years ago ?

Customer:

Ben I need this informations for 2morrow , please try to find out for me soon as possible regards Damian

Ben Jones :

Thank you for your patience, I am fully available now.

Ben Jones :

Are you subject to an Enhanced CRB check?

Ben Jones :

To answer your first question, whether the information is still on POVA records will depend on its nature.


 


If you were a barred case (i.e. barred from working with vulnerable adults), then the information will be retained for as long as your name remains on the POVA list, or the earlier of 3 years after the date of your death, or 80 years after the entry of the last record on the entry.


 


If you were a non-barred case, i.e. not barred from working with vulnerable adults but have some entries against your name, then the retention period will vary according to the reasons for the referral.


 


You will see the different periods of retention in this document at pages 16-18 and can check that there are 5 different periods that could apply - 3,5,10,20 and 30 years, depending on the nature of the offence.


 


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/147679/dh_121571.pdf.pdf


 


If you want to remove your name, assuming it is still on the list, you would either have to rely on the original referrer to advise POVA that you should not be on there because there has been new evidence that exonerates you, or you would have to wait 10 years after the initial entry was made to submit an application to the Cares Standards Tribunal.


 


As to your question in relation to you going bankrupt, you will not be prevented from applying for a management position because of this. You are now a discharged bankrupt and as such are free to do as you wish in the circumstances.

Customer:

thank you very much ,

Ben Jones :

you are welcome

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