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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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I received a ban from teaching over eleven years ago along

Resolved Question:

I received a ban from teaching over eleven years ago along with a caution for admitting to downloading illegal images. How do I get the ban lifted?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You mean you were disqualified from working with children?
Customer: replied 2 years ago.

Correct.

Customer: replied 2 years ago.

I thoght I had answered your follow up question. But yes I believe I was disqualified from working with children.

Expert:  Jo C. replied 2 years ago.
Do you mean a police caution? That doesn't usually lead to disqualification?
Customer: replied 2 years ago.

Yes that's right a police caution. I was also automatically put on the sex offenders register for 5 years but that is long since past.

Expert:  Jo C. replied 2 years ago.
How did that lead to a ban upon working with children?
The police don't have the power to disqualify.
Customer: replied 2 years ago.

I've no idea I was just told at the time that I would be on something called List 99 and would not be able to work with children. This was eleven years ago; maybe things were handled differently.

Customer: replied 2 years ago.

As I said I've no idea how it worked. I just was told that I couldn't work with children, I was put on a 'list' List 99 I think it was called, cautioned and received all my computer equipment back in the police car park. Ever since then I've not attempted to apply for work to teach.

Expert:  Jo C. replied 2 years ago.
Yes, I see whats happened.
If you give me 10 mins I will dictate an answer.
Customer: replied 2 years ago.

Sure, I can wait, thanks.

Customer: replied 2 years ago.

Sure, carry on.

Expert:  Jo C. replied 2 years ago.
Thanks
List 99 no longer exists. It was always very unfair. It is now handled by ISA - the independent safeguarding authority.
There is an appeal. You can appeal to the Upper Tribunal upon points of law and findings of fact. These are offences involving children so you would have been placed upon the list automatically.
Their address is
Upper Tribunal ***@******.***
Telephone:(###) ###-####5662
You can also judicially review any decision arising to the High Court.
Its fair to say that they are removing more people than they used to but its still a very high test.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you for the response.

Why was list 99 deamed as unfair and could this be grounds for appeal?

If you could recommend any firms specialising in this sort of work I would truly appreciate it. I should never have accepted the caution in the first place it was a deal to stop the police taking things to court, something I've been regretting for all these years.

Expert:  Jo C. replied 2 years ago.
No, not really. It just was too catch all and didn't have an appeal system.
There are no specialist firms but a much better option is a barrister under public access. I know this barrister does this type of work
http://www.churchcourtchambers.co.uk/index.php/members/lesley-manley
Customer: replied 2 years ago.

Can I check that I am actually on this new list before engaging in further process, also can I check on what a CRB check would look like now to a potential employer, assuming that they request the 'enhanced' check (or what ever the CRB check is called for potential employees who may work with children)?

I want to find out what position I'm actually in right now before engaging a barrister. Thank you very much for this help

Expert:  Jo C. replied 2 years ago.
You cannot check that but you can make a subect access request to your local police station for any information upon you.
You can also do a similar thing with the ISA.
Customer: replied 2 years ago.

Last query on this I think... you have been very patient with me. Is there any way I can access information on successful/unsuccessful appeals with the ISA, so I can see what sort or precidents have been set?

Thank you again

Customer: replied 2 years ago.

Is it possible to see past appeal cases with the ISA and their outcomes just to see what sort of things are successful or is it all done behind closed doors?

I just need to know this so as to help me to decide whether to engage a barrister or not.

Thank you again and that should be it, you've been very helpful.

Customer: replied 2 years ago.

Thank you again but are you able to answer my last question...

Is there a way to view the outcomes of previous appeals to the ISA.

Expert:  Jo C. replied 2 years ago.
They are not reported decisions so don't form binding authority but you could ask the ISA for examples of the type of cases they would find acceptable.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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