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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I have just received my enhanced DBS check and it states firstly

Customer Question

I have just received my enhanced DBS check and it states firstly that I am not on the barred list but it goes on to say that information is held relating to a restorative justice resolution which is relevant to my application.
it relates it says to an allegation of theft and the police believe this is information is relevant to an employers risk and suitability assessment.
it relates to an allegation of theft of cash whilst I was working as a support worker.it states that I was interviewed under caution which I was not. when the police officer arrived at my house she stated that she had come to arrest me and I said she wasn't as I had been informed by the hospital that I would be interviewed by the police along with the other members of staff. the police officer said that that doesn't happen because if we invited you in for an interview you more than likely wouldn't show.I stated that I had not done anything wrong and had not taken the money however it states that I admitted the theft which I never did and only agreed to give the 210 pound to the hospital as I wasn't being arrested for something I did not do. I finally had an interview at the hospital where they agreed to the restorative payment and said if they ever found the missing money I could take them to court. I had a final interview at the hospital and I reiterated that I had not taken the money they then said they could reinvestigate it if I wished them to or they could give me a months salary in lieu of notice but no time was it ever suggested that this would stop me pursuing my chosen career and they even wished me luck. I have found it difficult to get a job since but put this down to not being qualified for the posts I have applied for but now realise that they may have been giving me a false reference.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if this can be removed?
Customer: replied 3 years ago.

Yes but more importantly what I can do to clear my name

Expert:  Jo C. replied 3 years ago.
There is no way of proving that you did not act in the way alleged. Its always impossible to prove a negative.
In terms of whether it can be removed, it does only show on your enhanced level check so the new changes will make no difference.
To get this removed you have to ask the police not to disclose it using their exceptional case procedure. Exceptional does mean exceptional. Its not enough for you to show that it is interfering with your career. You have to show that it has no relevance. You may meet with the attitude that if it has no relevance then the disclosure should not be an issue but you can challenge that at court.
If you do wish to dispute ‘other relevant information’ on your 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. You can also ask for examples of cases that would be considered exceptional.
If the decision is adverse then you can ultimately judicially review them.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

what do you mean it only shows on my enhanced check for the work i do it is an essential criteria. i have tried to get several jobs over the last two years and obviously this has been stopping me. i am a support worker but i want to train to be radiographer and this would be impossible with this record. i would never have done anything that would jeopadise this.

Expert:  Jo C. replied 3 years ago.
I am not sure what else to say on that point. It is only on your enhanced check. It is not upon standard or basic.
Customer: replied 3 years ago.

What is meant by judiciaily review

Expert:  Jo C. replied 3 years ago.
A judicial review of their decision. They have to make an unlawful decision first though. JR is a high test. You have to show bias, procedural irregularity or that no reasonable constabulary could have made the decision they did.
I'm happy to continue with this but please remember to leave feedback for my answer.
Customer: replied 3 years ago.

Could you just answer they say i was cautioned but I say I wasn't what can I do about that

Expert:  Jo C. replied 3 years ago.
If you mean that they say you were interviewed under caution then that will be correct. Nobody is interviewed for a criminal offence in the UK otherwise than under caution.

You may not have accepted a caution but that is a different issue.

You can complain about any errors to the ICO but if its just that it says you were interviewed under caution then that will be correct.
Customer: replied 3 years ago.

I was never informed that I was under caution or that I was being interviewed also I was never taken to a police station. They are also stating that I later admitted to taking the money which I never did.


 

Expert:  Jo C. replied 3 years ago.
No, you wouldn't be. You would have been read the words of the caution at the start of the interview.

You can complain about that discrepancy but, to be wholly honest, if you agreed to take part in restorative justice then you must have said something like that. Restorative justice isn't normally available upon an outright denial.

In principle they should have stored the tape recording of the interview in archives so it would be possible to check if you did complain.
Customer: replied 3 years ago.

there was no interview so there will be no tape recording


 

Expert:  Jo C. replied 3 years ago.
So the police never interviewed you at all?

How did you come to do restorative justice?
Customer: replied 3 years ago.

because the policewoman came to my house and while talking outside my front door she informed me that she was there to arrest me which I informed her i wasn't being arrested for something that I hadn't done and that I was informed by my employer's that I would be questioned about the missing money like my colleagues would be I continued to deny taking any money and refused to go with her to which she said i had two options either be arrested or to do the restorative justice which I agreed to do the restorative justice order as I wasn't going to be arrested for something that I hadn't done and I agreed to do that so I could move on with my life. She asked me to sit in the car while she wrote out the restorative order and informed me that she would speak to my employers to see if they would accept this.


 

Expert:  Jo C. replied 3 years ago.
That would be extremely unusual.

I suppose you could challenge this on the basis that there wasn't an interview under caution but they will still be saying that you admitted it because you accepted restorative justice.