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my name is ***** ***** I will help you with this.
please let me know whether you had legal advice at the station and when the caution took place?
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
My grievance is with the police not amending my record, however.
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.
When was the caution?
Approx. a year ago. I can clarify this when I dig out the documents after work.
No thats ok. Why is it you have not done anything about it year?
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 The very one which should have been rescinded
I see, now I understand, so the information held about you is incorrect?
Yes, it should have been removed. I have now suffered embarrassment with my employers and people I work with externally.
Interested as to my options, as I initially avoided litigation in the first instance because it ran against what I believed in
Did you have DBS check (former CRB)?
That is what I have enquired. But from the wording of the lady's writing she understands it to be current.
Yes. Have you had a DBS check?
Ok, the person asks if its wrong to let them know -have you?
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.
That was my response
So the SIA access your Police PNC directly?
So there is no formal DBS check?
Yes, I believe so.
Cant you just attach an email of the letter from the Police removing the caution?
To Jane that is?
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
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.
Ok - well get the clearance sorted out first
The next step is what to do
You have 2 choices:
1) Complain to the Information Commissioner. They consider breaches of the Data Protection Act
They offer a free, independent service at: www.ico.gov.uk
Or you can issue proceedings under the Data Protection Act
Section 13 states:
(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.
So you can issue proceedings of the Act.
Remember any claim for £10,000 or less is a small claim and costs are limited.
You can also issue online at: www.moneyclaim.gov.uk
Can I clarify anything about this today please?
Thanks, ***** ***** is the likelyhood of a claim succeeding?
I think it is likely to be successful on balance and based on what you have said
Thank you, ***** ***** would be the outcome based upon your professional opinion
I think you are likely to get some sort of compensation, how much I cant say
Can I clarify anything else ?
Thanks - do you have any recommendations of no win no fee lawyers which may take this case up?
Its a small claim so you wont get it on a no win no fee
Any legal costs cant be recovered on a small claim usually
Thanks - so you advise I go through money claim?
Yes you can do that, but make sure you plead Section 13 of the Data Protection Act
Will do. Thank you. Is it simple to do?
Does that help?
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
I see. Do they ever settle out of the small claims court?
They may do
But that is not a guarantee
Can I clarify anything else today?
No that is everything thanks.
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