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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I was unlawfully cautioned by police disorder

Resolved Question:

,
I was unlawfully cautioned by police disorder after being assaulted and winding up with a broken nose. I did not admit guilt and was ushered into accepting a caution (I have a profound hearing loss). I was advised by CPS & Police w/ a letter of apology stating it would be removed.
I have just applied clearance at a police HQ my property company have purchased and are going to develop. I have been restricted from visiting due to said caution. Do I have any means to pursue this, as I have suffered with my reputation at work having stated I had no police record.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

please let me know whether you had legal advice at the station and when the caution took place?

Customer:

I had legal advice which was shockingly awful, I have an LLB in law myself and my father is a senior police officer. It was only when he came down as my appropriate adult (I have a profound hearing loss) that he realised what had been done. i.e. caution without admitting liability. They had CCTV and the brief suggested after viewing it (before I viewed) I should admit it as he couldn't see me acting in self defence of my friend who was visibly assaulted just after I was by the same group

Customer:

My grievance is with the police not amending my record, however.

Customer:

Which will cause embarrassment with my employer and contacts within my job. I have a letter which apologises police actions and states my criminal record will be absolved and the caution retracted.

Alex Watts :

When was the caution?

Customer:

Approx. a year ago. I can clarify this when I dig out the documents after work.

Alex Watts :

No thats ok. Why is it you have not done anything about it year?

Customer:

No, you misunderstand. We successfully appealed it and received a letter of apology from Police and CPS stating it would be retracted and my record free. Today I applied clearance at a Home Office building my company have acquired but the Home Office still retain few months. I was denied access / security clearance. Upon querying why, they stated I have a caution to my name. The very one which should have been rescinded

Alex Watts :

I see, now I understand, so the information held about you is incorrect?

Customer:

Yes, it should have been removed. I have now suffered embarrassment with my employers and people I work with externally.

Customer:

Interested as to my options, as I initially avoided litigation in the first instance because it ran against what I believed in

Alex Watts :

Did you have DBS check (former CRB)?

Customer:

That is what I have enquired. But from the wording of the lady's writing she understands it to be current.

Customer:

EMAIL HERE:

Alex Watts :

Yes. Have you had a DBS check?

Customer:
From: Jane George [mailto:*****@******.***]
Sent: 27 January 2015 13:54
To: Mathew Slade
Subject: RE: Security Clearance Refused


Mathew, apparently you received a caution from the police following a public disorder……… If you don’t believe this to be correct please let me know.



Regards



Jane



Ms Jane George MBIFM ACMI

Site Performance Manager Bramshill/Wyboston

Deputy Head of Centre Bramshill

Property & Service Delivery

Resources Directorate

College of Policing


Address: Kings Presence Chamber, Bramshill, Hook, Hampshire, RG27 0JW

Telephone: +44 (0)1256 692556

Fax: +44 (0) 01256 602649

Mobile: +44 (0)7795 472767





Follow Bramshill on Twitter @Bramshill53







From: Mathew Slade [mailto:*****@******.***]
Sent: 27 January 2015 08:57
To: ***** *****
Subject: RE: Security Clearance Refused




Morning, Jane,


Thanks email – can I ask on what basis that is?



Best regards,


Mathew Slade

Graduate Trainee

Description: Description: Description: Description: City and Country


BENTFIELD PLACE, BENTFIELD ROAD, STANSTED, ESSEX CM24 8HL

M: *********** (SMS only). W:
cityandcountry.co.uk

Footer





From: Jane George [mailto:*****@******.***]
Sent: 27 January 2015 08:54
To: Mathew Slade
Subject: Security Clearance Refused
Importance: High




Dear Mathew, I am sorry to inform you that your security clearance has been refused, therefore if you require attendance at Bramshill before the end of March you will have to be escorted at all times.



Regards



Jane


Ms Jane George MBIFM ACMI

Site Performance Manager Bramshill/Wyboston

Deputy Head of Centre Bramshill

Property & Service Delivery

Resources Directorate

College of Policing


Address: Kings Presence Chamber, Bramshill, Hook, Hampshire, RG27 0JW

Telephone: +44 (0)1256 692556

Fax: +44 (0) 01256 602649

Mobile: +44 (0)7795 472767



Alex Watts :

Ok, the person asks if its wrong to let them know -have you?

Customer:

Thanks, Jane.

I’m afraid that’s not correct. Bit of a long story from my University era but it should have been removed by the CPS – I was actually the victim with a broken nose amongst the rest! Happy to dig out the documents if this helps?

Can I just check, as I was advised this would be removed from my record by the CPS as the Police were at fault. Is this a standard check, or something deeper owing to the ‘occupiers’ of Bramshill? As if not, I will need to get in touch with them.

Thanks me know.

Best regards,

Mathew Slade

Graduate Trainee


Customer:

That was my response

Alex Watts :

So the SIA access your Police PNC directly?

Alex Watts :

So there is no formal DBS check?

Customer:

Yes, I believe so.

Alex Watts :

Cant you just attach an email of the letter from the Police removing the caution?

Alex Watts :

To Jane that is?

Customer:

Yes, I can. But my query is the embarrassment I have suffered at work with my employers who assumed I had lied upon my CV/application. It is this fact which is my grievance and what I would like to look into progressing further

Customer:

Given that it was their fault in the first instance, it should not reoccur to my detriment as a result of their negligence in updating their records.

Alex Watts :

Ok - well get the clearance sorted out first

Alex Watts :

The next step is what to do

Alex Watts :

You have 2 choices:

Alex Watts :

1) Complain to the Information Commissioner. They consider breaches of the Data Protection Act

Alex Watts :

They offer a free, independent service at: www.ico.gov.uk

Alex Watts :

Or you can issue proceedings under the Data Protection Act

Alex Watts :

Section 13 states:

Alex Watts :

13Compensation to comply with certain requirements.


(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller damage.

Alex Watts :

So you can issue proceedings of the Act.

Alex Watts :

Remember any claim for £10,000 or less is a small claim and costs are limited.

Alex Watts :

You can also issue online at: www.moneyclaim.gov.uk

Alex Watts :

Can I clarify anything about this today please?

Customer:

Thanks, ***** ***** is the likelyhood of a claim succeeding?

Alex Watts :

I think it is likely to be successful on balance and based on what you have said

Customer:

Thank you, ***** ***** would be the outcome based upon your professional opinion

Alex Watts :

I think you are likely to get some sort of compensation, how much I cant say

Alex Watts :

Can I clarify anything else ?

Customer:

Thanks - do you have any recommendations of no win no fee lawyers which may take this case up?

Alex Watts :

Its a small claim so you wont get it on a no win no fee

Alex Watts :

Any legal costs cant be recovered on a small claim usually

Customer:

Thanks - so you advise I go through money claim?

Alex Watts :

Yes you can do that, but make sure you plead Section 13 of the Data Protection Act

Customer:

Will do. Thank you. Is it simple to do?

Alex Watts :

Does that help?

Alex Watts :

Yes, you lodge a claim online. It gets sent to the other side. They can defend it and if so it goes to a small claims hearing

Customer:

I see. Do they ever settle out of the small claims court?

Alex Watts :

They may do

Alex Watts :

But that is not a guarantee

Alex Watts :

Can I clarify anything else today?

Customer:

No that is everything thanks.

Alex Watts :

Great. If I could ask you to rate my answer today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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