Yes, because it is an infringement of the Rehabilitation of Offenders Act 1974. An Enhanced Disclosure may only be submitted when the person will be undertaking some form of "regulated activity". Simply taking part in a group activity alongside chilren who are properly supervised at all times, is not a regulated activity, it is incidental contact.
It's a bellringing group in a Catholic Parish. Exactly the same rules would appliy for a parish choir. The relevant rules are in a Safeguarding Pack which is available from the Archdiocese of Liverpool website. This talks about "volunteers" which is clearly intended to means anyone who volunteers to look after children. This term is intead being interpreted by our Parish Rep as any adult who volunteers to ring the church's bells, or sings in the church choir. The Archdiocese refuse to clarify what their term "volunteer" is intended to mean. The Parish say they are only doing what is required by the Archdiocese. The Archdiocese say that this is all a parish matter. Between them, they are just playing with words. Meanwhile, Criminal Law is being violated, but they refuse to discuss the matter. They don't like the message, so they are blaming the messenger. Some legal clout is needed to get them to see sense.
I appreciate that this is a specialised area, but I've not yet been able to locate anyone in the legal profession who has the necessary background knowledge. I'm hoping that you will be able to help with this ...
Thank you. This could well be a case for Judicial Review as they are publically funded as a Church
This means that you could get a High Court Judge to look at their decision to do this and decide whether it is a Legal for them to do it and reasonable.
It may well be that a Judge considers it illegal.
Further a Judge will go on to decide whether this is a reasonable course of action. Based on what you have said, I do not think that it is.
Of course CRB checks are now called DBS checks and indeed there are MANY offences that are filtered out, so most wont show when they are spent.
But a Judge will consider this and either agree with their decision or remit it back for reconsideration.
There is a cost to this and you may or may not be entitled to legal aid
Can I clarify anything for you about this today please?
Thanks, Alex. Yes, I appreciate that CRB is now DBS; I've spoken with their helpdesk recently to confirm my understanding of the legal position. Could you clarify please what you mean by Judicial Review in your statement: "This could well be a case for Judicial Review as they are publically funded as a Church" Where could I engage someone who could set up a Judicial Review for this matter? If I were to win such a case, do you think would my legal costs be met by the other party?
Thanks, ***** ***** been reading about the JR process on Wikpedia. For this purpose, is the RC Church in England & Wales a public body? If so, this would appear to be an excellent route for me to try. If not, I would be back to looking for a solicitor with the right background.
If a JR is appropriate, how could I instogate this process?
OK, I'll give this a try tomorrow. You've been a lot more helpful than many others I've spoken with today
Hello again Alex,
This is the only question on my mind, it has dominated our lives for the last several years! Finding a solicitor who is familiar with this topic is proving quite challenging. I'm not prepared to fund someone's learning on the job, I need someone who is already familiar with this aspect of CRB/DBS law.
Today, I am writing to 25 local priests to enquire how "ordinay adults" are treated in their parishes. Knowing that proper situations exist in other nearby parishes would be good to know for certain.
Today's action may also spark off some local debate which could result in the problem being resolved without the need for litigation.
If the Big Stick is required, JR does seem the way to go, so thanks for pointing me in that direction.
Hi Alex, how can this conversation be closed down? I've given you a 'Good' rating already. Because I replied to your 'hello' message this morning, the system seems to want to charge me again.
I appreciate your help to date, for which I was happy to pay the agreed sum. Now I need to move on in other directions as we've discussed.
Because we have exchanged messages after our business was complete, the system is sending me a reminder message every hour, and wants more money. The only way I can see to stop these is to give you a bad rating. I do hope you can do something to stop this nonsense at your end. If you can make these messages go away, I promise you won't hear another word from me :)