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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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Hello, I have a pretty big issue with my DBS. I am a

Customer Question


I have a pretty big issue with my DBS.

I am a Teacher.

I'll be 100% honest with you. My ex boyfriend downloaded child pornography many years ago, he went to prison, served his time and never reoffended since.

I did my DBS request and, surprise surprise, it appears I am guilty by association, despite the fact that it was proved beyond even the iota of a doubt that I had absolutely nothing to do with it and was totally unaware of it.

What is more, I requested a DBS recently, and even before giving me the right of representation, which is due by the law, as the old CRB was deemed inhumane by the European Court of Human Rights, and on the 25th of Feb they sent me a letter asking me to present my points of representation, which I did, but on the 26th ( !!!) they sent information to my employer saying they had 'child protection issues against me (!!!)' which is much worse than what it really is, basically, my ex boyfriend used my PC (6 years ago, while I was at school) to download child pornography, he was sent to prison, by he police said they had no doubt it all happened behind my back and didn't even want to see me at the trial. I was totally exonerated. Now, the CRB was changed into DBS because the European Court of Human Rights (then the Supreme Court) dictated that the individual should have a right to disagree BEFORE a decision is made. 25th to 26th hardly gives me time to even reply (which I did, but give us time to receive the letter...) Anyway, 100% I am NOT a paedophile (nor was he, he never touched a child, he downloaded porn, but was scared of children, that's in the probation officer's report), yet, he beautiful *(sorry about the sarcasm) information that there were child protection issues, was passed on to the employer clearly before they knew I could have replied and claimed my right of representation and the irrelevance of the point, as I can't possibly get my students (mainly Unversity students) in touch with him without 1- willingly breaking the law 2- willingly breaking the college rules.

Anyway,, it also appears, from what the agency that employs me say, that they have already seen my DBS, while I can't (it should be the other way round),

I sent them a letter via special delivery last week, which they received, but never heard back, today, I got sacked. I sent them another letter today I sent them another letter then forwarded it by email. But as I tried to chase it up, I found out that the very email address they had given me as contact and asked me to contact had blocked me...

I want to take this to the European Court of Human Rights: I've never committed a crime and they cost me my job, my life basically and are not abiding by the law de facto. I'm on the street (not really, my parents have some money aside), all because I happen to know someone who has committed a crime? How about MY record? How about the fact that I DO NOT POSE A REASONABLE RISK to children? How about MY human rights? How about them breaking the law?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

So, in short, your association with him shows on you DBS including his offending?
Customer: replied 2 years ago.

It appears so, but I have not seen my DBS, while my employers have (and it should be the other way round).


The only thing I got from the Police was a letter saying that they were considering including Mr Gale's criminal record in my DBS, and that I should put my representation to them. Yet, even before I did that (the letter was dated 25/3 and I responded within 2/3 days, but on the 26th they had already told my employer).


So, as I am working for an agency and have no 'statutory rights' they suspended me on no pay.


I can see my agency's point, they were simply told there were child protection issues concerning me (not Stephen Gale), what can they do. But the Police should first give me a chance to put my point across, then inform me of their decision, then I should have a right to withdraw my application.


Apart from the fact that between us Mr Gale does not pose a threat to children, and that I am NOT ALLOWED to contact children privately, there remains the fact that they did not consider the effect of their untimely disclosure, nor allowed me my legal right of representation. They basically gave me a CRB instead of a DBS.





Expert:  Jo C. replied 2 years ago.
He does pose a threat to children. He was convicted of downloading indecent images of children. Its the clearest threat to children that can be imagined.

The issue is not that you post a threat to children but that you are associated with a person who does and so children in your care would be exposed to risk.

You do not have a right to see your DBS.

The police are not under an obligation to hear your representations before disclosing and, in fact, under an obligation to disclose the agency first from a safeguarding point of view so there is nothing improper in their actions.

You can always make representations to the police. This practice is controversial. The case law has mostly focused upon people who are the subject of false allegations making them unemployable and the law has been relaxed a little to deal with that.

The difficulty here is twofold. If I can be wholly honest, the first problem is that you do not seem to accept the risk that he poses. You keep saying he is not a threat to children when he plainly is. The second is that their concern is that a child in your care would be exposed to him so the issue is not that you yourself would harm a child but that your associations with others may pose a risk.

If you are going to make representations then you need to address those points. If you are not longer in contact with this person then DBS may be persuaded to remove this entry as the risk falls away. It depends whether they believe that there is no longer a relationship creating risk.

Obviously if their entry is wrong then you could always apply for it to be corrected under the Data protection Act.

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 let me know if you need more information.

Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile

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