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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47047
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon, I am currently a special constable with

Customer Question

Good afternoon,

I am currently a special constable with the metropolitan police service and have been so for the past two years. Last March I underwent the recruitment process to become a regular PC and I enrolled in a pre joiner qualification that I paid for myself (and passed) I also passed all assessment centres and actually got given a potential start date for a conversion course to become a regular officer.

In the application stages both as a special constable and as a regular officer I declared that when I was 17/18 years of age (now 26) I was issued a penalty notice disorder for section 5 public order (urinating in a public place whilst on a car journey in an unknown area) I was cleared for security vetting for the specials and when at last I had passed all the assessments for the regulars I was re vetted and declined for that PND that I had already disclosed.

I have gone through the appeals process and was declined due to non compelling circumstances however I am allowed to continue as a special constable.

I want to pursue this but unsure how.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. what is it that you want to achieve here please ?

JACUSTOMER-jknwi7ek- : Hi Ben,
JACUSTOMER-jknwi7ek- : i want to work as a regular PC but I am not sure as to the next steps to take as my appeal was declined
Expert:  Ben Jones replied 3 years ago.
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

Pursuing this and ensuring a successful outcome would be rather difficult unfortunately. The police will have the final say as to whether you are going to be suitable to become a regular PC and due to the sensitive nature of the job they will take a more in depth approach than a normal job, scrutinising much wider range of factors, including past criminal activity.

In a ‘normal’ job, such issues would not really pose much of an issue, but in the police they will carry much more weight. Also legislation, such as the Rehabilitation of Offenders’ Act, will not apply to this field and you cannot claim that this offence took place a few years ago and would have no bearing on who you are as a person now.

Generally, you would be able to follow the internal appeal process but once you have exhausted the internal complaints procedures, you will be limited in what you can do to take the matter further. You cannot go to tribunal because there is no valid claim here – the police have not actually done anything wrong or illegal in not allowing your application, they have the prerogative to choose who is employed by the and who is not, and short of discriminating against someone (which is not the case here) they will be able to choose not to employ someone if they feel their record is not satisfactory.

After the internal process you are looking only looking at avenues like a judicial review in the courts but that is a rather complex process and also unlikely to succeed as they have not really applied the law incorrectly here – their decision is legally correct, even if morally you may think otherwise.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.
Expert:  Ben Jones replied 3 years ago.
Hello, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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