Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
If you were going to work in the child caring sector, then you would need an Enhanced DBS check. Even though your DBS history is clear in a sense that you have no formal convictions or cautions/warnings, the enhanced checks allow the police to include any additional information that is included on local police intelligence databases about you. This could include the complaint against you and if the officer that prepares your check believes that this is relevant information to your application for the job they could potentially include that in the check. Unfortunately, there is no way to find out in advance if this was to happen and one person on one day could decide to include, another on a different day may believe it is not relevant and omit it.
I have recent enhaneced DBS and its clear.
a current one?
most recent one
ok you could use that for a job now, but they do expire so if you have to get a new one in the future then there is always a possibility that the information could be included - remember that each one is done separately and a different person would prepare it and decide for themselves whether they should include the information on it, and it would also depend on the job you are applying for
if its not on the record can i still be declined for the child care job. i know that it has to be done every 2 yeras.
at present it is unlikely you will be declined a job as long as you are honest when answering any questions before you are employed
yes i told them everything but one manger is refusing to take me on saying that because i had an alligation against me even though it was a malicious.
Unfortunately the employer can decide to refuse to employ you on whatever reasons they want, as long as they are not discriminatory (based on gender, age, religion, race, disability, etc) but I am afraid this allegation is not a discriminatory reason so it is legal for them to refuse to employ you based on it if they wanted to
even though you are proven inocent.
yes, because it is not a discriminatory reason
where does it leave me leaglly.
Even if there was no allegation made against you, they could just decide not to employ you for no particular reason, as long as there was no discrimination, which as mentioned there is none in this case.
Legally it would be difficult to take the matter any further – you cannot take any action against the employer as they have done nothing wrong legally, and to pursue the person who made the allegation is going to very complex and expensive as you are looking at a claim for defamation and these cost thousands and are very risky.
have a good day.
you are welcome, all the best