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Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I recently resigned from working as a teacher in a secondary

Resolved Question:

I recently resigned from working as a teacher in a secondary school because of an allegation made against me that I offered to show 2 boys pornographic images on my phone.
Subsequently the allegations were dropped as there was no evidence, and this is not included in the reference I receive.
However on applying for a supply teaching job my DBS contained all information about the issue and so I am currently not able to work in the education children sector.
Is there anything I can do about this? I have appealed to no avail and the final Independent Movement assessment of the case has not been completed.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

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

Alex Hughes :

Are you being assisted by a solicitor?

Customer:

no

Customer:

i cant afford one

Customer:

sorry i got booted out

Customer:

i really want to know if there is anything I can do. And if there isn't I will just forget about it and work in a non DBS world.

Alex Hughes :

OK, I understand. If you've been through the appeal process your next step is a claim for Judicial Review. This is the process whereby a High Court Judge reviews the decision of DBS to see whether its lawful and/or reasonable. You have a maximum of 3 months from the datd of DBS' decision to start such a claim. There is no other appeal procedure unfortunately so this is your next step. Although you could start the clsim without a solicitor, it woukd be foolidh to do so without legal advice - there are costs implications which you need to be aware of. There is a possibility of legal aid but you would have to make an application as there is no automatic entitlement.

Customer:

There is an Independent Movement review which is still to reach a conclusion. Have you heard of them?

Customer:

Why can a DBS have a whole load of stuff on it which even the head says is not right?

Alex Hughes :

I've never heard of the Independent Movement Review I'm afraid.

Alex Hughes :

Presumably the police were invo.ved?

Alex Hughes :

Involved?

Customer:

Independent monitor sorry.

Customer:

The there were no criminal charges and the only Police involvement was by the DBS Police in the correspondence with the head of the school.

Alex Hughes :

Yes, the Independent Monitor reviews the DBS decision. If you've made a complaint to them you should await the outcome of their decison.

Customer:

So wait and then see and then go from there?

Alex Hughes :

I'm not sure who the DBS police are that you mention. The usual procedure is the the police investigate this type pf allegation. Even if there are no charges the information about the alleged crime can be placed on a persons DBS record.

Customer:

why is that

Alex Hughes :

Wait for the decision of the monitor - its free and they're independent. Then you might have an appeal to a Tribunal - or the High Court, the latter will be quite tome consuming and expensive.

Alex Hughes :

The reason this information goes on a DBS record is to protect children and/or vulnerable people.

Customer:

What kind of result do I need from the monitor to go on? If there is no good news from them shall I go on? How expensive and how time consuming?

Expert:  Alice H replied 3 years ago.
If the result from the monitor goes against you (e.g. the decision is not to remove the information) then you can take the matter further to the Tribunal. This is substantially cheaper than going to the High Court which will cost you around £5K to get the matter started and more than £15K if the matter is contested and you lose.
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