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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I have just been issued with a DBS certificate containing a

Customer Question

I have just been issued with a DBS certificate containing a non-conviction disclosure. I was arrested on suspicion of arson but AM INNOCENT. No caution or charges were brought, CPS said NFA. However the implication of the disclosure is that I am a risk. I am a music teacher, and have spoken to several Head teachers who know me, they say that even though they know I am not a risk (two I worked with for 10yrs) they can not risk their position by having someone with my DBS certificate working ion their primary school.
Please, is there anything I can do?
Diane
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
What level did you reach with the representations?
Customer: replied 3 years ago.

The representations were "local" within Glos Police, prior to the certificate being issued. Now the certificate had been issued with the disclosure there is an appeal option but I can only appeal about the actual text which is true - I was arrested for arson; however I know that I did not commit this (or any) offence, so I don't believe as a non-conviction it should be included

Expert:  Jo C. replied 3 years ago.
Its not that simple I'm afraid.
So, you have basically written to the constabulary and they have refused your request?
Customer: replied 3 years ago.

FOR JOMO1972

Yes, my MP wrote on my behalf saying that the impact on my future career was disproportionate to the risk I posed and they disagree. The review said that I was a "low risk" to children and they did not believe that i would deliberately harm children or vulnerable but "if it was true" that I had deliberately started a fire then it was "reasonable to believe that I may be a risk"... in the potential employers and public interest that information should be disclosed etc.

The fundamental point is however that I did not start a fire deliberately or otherwise.

Expert:  Jo C. replied 3 years ago.
No, but wasn't the allegation that you did?
Otherwise why were you arrested?
Customer: replied 3 years ago.

FOR JOMO1972

I was arrested because I was the last person in the room before the fire was discovered...it was in the cloak-room at a golf club where I was performing as part of a band for a private function. It was at the end of the evening and according to the officer during my interview several other ladies had been in separately not long before me. I do not know how the fire was set or how long such a fire would smolder before smoke was detected (evidently the fire was inside a cupboard)

Expert:  Jo C. replied 3 years ago.
The truth is that you will struggle to get this removed. That is not to say that it cannot be done but it is a high hurdle to reach.
You will be enhanced checked. Enhanced checking shows up everything even mere allegations.
To get it removed you have to use the 'exceptional procedure'. That really does mean exceptional. Unfortunately you are trying to apply the principle of the presumption of innocent to CRB records and it does not work like that. The ACPO guidelines can be found here
http://www.acpo.police.uk/documents/PoliceCertificates/SubjectAccess/Retention%20of%20Records06.pdf
In fairness, these requests are generally refused by the Constabulary. You need to further appeal. The success rate upon appeal is not high either Im afraid.
You will find the procedure to further appeal here
http://www.unlock.org.uk/xoffenders.aspx?sid=188
For some reason I cant open that page at the moment. It might be my browser.
Thereafter you can always consider a JR. There has been a failed JR on this point but it was about 5 years ago and I think the mood is shifting now.
I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help..no it wasn't the good news I had hoped for but it does give me a new angle to try...I am innocent and will fight until my name is cleared.

Best wishes

Expert:  Jo C. replied 3 years ago.
Best of luck.
Many thanks.
Customer: replied 2 years ago.

THANK YOU!

My DBS dispute took me through the Police, DBS Liverpool, the so called 'Independent' Monitor and finally to the Royal Courts of Justice in London where I was granted a Judicial Review listed for Feb 2015. However the Treasury Solicitors wrote to me this week saying that their clients (the Home Office) have "reconsidered" and that they have instructed the DBS to issue a clean certificate. I am over the moon. This means that I can once again apply for music education posts in schools and after 4 years of being treated as a potential criminal hold my head high and rebuild a life.

I would not have known about Judicial Reviews without you, and whilst I had hoped to clean my name before now I had the JR in the back of my mind as a possibility so thanks again

Expert:  Jo C. replied 2 years ago.
That is fantastic.
In truth, I am finding this more often. You wouldn't necessarily win at JR but often they will back down. Much more than previously.

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