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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have information on an enhanced disclosure certificate i

Customer Question

i have information on an enhanced disclosure certificate i have asked to have it removed.
my appeal for this is still on going.
because of the information the barring system kicked in and i was put on the adults barring list for the next ten years.
i have spoke to all concerned and they have told me i have to go to the police authority involved .
my question
if my appeal is up held and the information is removed from the original certificate how do i get off the barring list?
if the information is kept on how do i appeal to the police authority to get them to remove it.
i have been charged in the past but have never gone to court and the charges where raised over 3 years ago how do i put a close to it?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was it the Police that put the information on to put you on the barring list in the first place please?

Alex Watts :

Are the items marked on the enhanced check actually true in terms of the charges?

Customer :

the police put the information under "information they feel you should know " and that is what triggered the barring list people

Customer :

yes i was charged but i never went to court and have heard nothing for almost 4 years they say on the information the feel in all probability i am guilty but they can not prove it . so the police have included info on a feeling rather than fact.

Customer :

hope this helps

Customer :

i have never said i did it and am innocent

Alex Watts :

But is the information correct? You were investigated but it never went to Court?

Customer :

yes the charges are true ~ i was charged and they have never been dropped ~

Alex Watts : On what basis is your appeal please?
Customer :

My appeal is that after all this time and with no further action taken and no court dates etc. I was not ever proved guilty and they have not any evidence to go forward why is this at all relevant .

Alex Watts :

Ok - if the appeal is upheld then the information should be removed.

Alex Watts :

If it is not then you would need to sue the Police force concerned and seek an Order under the data protection act that the data is rectified, removed or destroyed.

Alex Watts :

You would need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And ask the Court for an Order. the DPA states:

Alex Watts :

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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