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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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I have recently applied to be a police officer, I have over

Customer Question

I have recently applied to be a police officer, I have over 20 years experience with the armed forces and MOD of which I have been cleared for the duration of this period at a time up to Top Secret. I have no criminal convictions and have never associated with any criminal. My applications has been rejected purely on the grounds I have been living overseas for 3 and a half years and cannot be vetted as I need to a be a UK resident for three years. I am a British citizen and only went to live overseas with my husband in Dubai for 3 years as he was offered a new job. If I had committed an offence in Dubai there is no way this could go undetected. I am happy to pay for any necessary checks. I have appealed and got a standard reply from vetting, it is just a filter system I am convinced of that. I feel I am too old now to wait 3 years to try again, this would be my last chance, surely this is unfair to discriminate against me simply because I wanted my family to be together. We kept our house in the Uk and did our tax return every year. Do I have a case to appeal?


I am still waiting for an answer to this question???

Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

The courts are unlikely to interfere with the police vetting procedure.

There are a number of recent cases where the High Court has decided the police decision has to be reasonable and proportionate. For example, see R (on the application of T) v Chief Constable of Gloucestershire (2013).

I think it will be very difficult to argue against a procedure which requires a person to be in the UK for a lengthy period of time so that they can be vetted. I fail to see the grounds on which this is unreasonable.

Having looked at the Equality Act 2010 the procedure does not sound unreasonable or discriminatory. Especially as this is such an important job and involved issues of national security.

This may be very disappointing to hear but a court is unlikely to interfere with a vetting procedure which is in place to check the background of a person for such an important job.


Customer: replied 3 years ago.

I am afraid this has not helped. I need to put a case back which outlines why I can be checked. Given the strict laws of the country where I worked it would be possible to carry out a police check with Dubai Police of which I am willing to pay any costs. Guidelines state as long as a check can be carried out which is of similar standard to UK check it may be possible for recruitment. I do not want to take the police to court I want to put a good case for them to consider my application.

Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

I am really sorry to disappoint but I'm afraid the answer you have had is the only one available.

You could always ask them to reconsider your application but they are unlikely to act against their procedures and those procedures are not likely to be struck down upon legal challenge.

I am very sorry.

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