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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice
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my son was arrested and questioned regarding an alledged

Customer Question

my son was arrested and questioned regarding an alledged sexual assault 5 years ago. He was never charged with anything and got a notice of no further action from the police. He has now applied to join the police force, but they have not officially closed down the allegation of the sexual assault on there records (CEDAR) even though my son received a notice of no further action. Due to this record remaining open, it is preventing him from joining the police force and will probably show up on any enhanced DBS checks which will prevent him from gaining certain other form of employment.

Is there any action he can take to get this record closed down or removed?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

This is a specified offence so it will not drop off his enhanced check after 11 years.

That does not mean it will automatically be disclosed. This decision is made on a case-by-case basis. This means that the information may be considered relevant to one particular role, but will not necessarily be considered relevant for future enhanced DBS checks that you may apply for.

He can dispute the inclusion of this information under the exceptional case procedure here

http://www.acpo.police.uk/documents/PoliceCertificates/SubjectAccess/Retention%20of%20Records06.pdf

The removal of information is very rare but it is becoming more common.

If you do wish to dispute ‘other relevant information’ on his enhanced DBS check, you should contact the Public Access Office of the police force that holds the information. You will probably be asked to write a letter to the Chief Constable, outlining why you believe the information should be removed and why your circumstances are exceptional.

If the decision is adverse to you then you could always judicially review.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

does this apply even though he was not charged or convicted of any offence and the person that made the allegation against him subsequentlt admitted dshe made it up

Expert:  Jo C. replied 2 years ago.
Yes, mere allegations do show but if she admitted making this up then that should be recorded on his DBS. You can ask the constaburlary to add the inforamtion.
Customer: replied 2 years ago.

thank you for your answwr, it would seem on the face of it though that this would now be a permanent bar on my son joining the police service due to something he did not do.

 

Would it be best for him to get this matter dealt with through a solicitor to get information added or attempt to get the records removed or a direct letter to the chief constable from himself.

 

I would also have thought that this would have breached some form of human rights legislation that someone has made up an allegation against him of a sexual nature and it is now going to have a long term effect on his chosen career through no fault or actions of his own

Expert:  Jo C. replied 2 years ago.

It is generally better to get a solicitor to deal with this.

There has already been a challenge under Art 3 and Art 6 and unfortunately that has failed but it was a long time ago and the Courts have relaxed since then.

More and more people are succeeding.

You can always sue her in defamation,.
Customer: replied 2 years ago.

thanks for the reply, but I do not think suing her for defamation would help my son in his career choice.


 


I think the sensible option would be to get a solicitor to deal with it for now to ensure the record is correct on the police dtatbse and show that the allegation was made up, and then make moves to get it completely removed legally. I would assume though that this would be a costly exercise and would require a specalist solicitor to deal with.

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 2 years ago.
Well, if he got a ruling against her then it would support his application to the chief constable to have it removed and at the very least it would place him in a position where he could explain the allegation to employers.

People are aware of false allegations now much more than they used to be
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
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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 http://www.justanswer.co.uk/law/expert-remus2004/

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