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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience:  Over 5 years in practice
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Is the police supposed to hold record against you after court

Resolved Question:

Is the police supposed to hold record against you after court has set you free>
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Yes, i use to work in care home and was accused of sexual assault to a client who has mental behaviour, and other two collegues accused me of trying to have sex with them. All without prove. After much deliberation by the court, the court found out there was no prove after almost two years trail and set me free. Nearly one year six months no, i have been trying hard for the police to take the record against me from my DBS but the police doesn't want to. Please help
Expert:  Jo C. replied 1 year ago.
I am sorry but that will show.
You will be enhanced checked. Unfortunately on enhanced checking everything shows including mere allegations.
You can find out what the police do hold upon you by making a SAR at any police station. It will cost £10 and take roughly one week.
You can ask them to remove it. They will refuse. In principle you can judicially review the decision to refuse but that is a very high test and the case law so far is against you.
The reality is that this is a contentious issue and they are not likely to want to take risks I'm afraid.
I'm very sorry but that is the reality sadly.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
The DBS has written to me and said they have reffered it to the independent tribunal and i should wait for their response,do you think anything good going to come out from it.
Expert:  Jo C. replied 1 year ago.
I think you might as well pursue it. That is free.
Judicial review is expensive.
It depends how badly you need to get back to work in this particular field. If we are honest with each other, the conditions in care work are very poor and the level of provocation must be horrific. People tend to just give up and go and find better work with people who don't make allegations of sexual abuse when they can't have what they want.
If you are intent upon getting back into care then this is your only option.
Customer: replied 1 year ago.
I did plan to go for security job, and yet still i need DBS,can think of any job with no proper education. I am 60 years
Customer: replied 1 year ago.
Hi Jo am i still with you?
Expert:  Jo C. replied 1 year ago.
Yes, I'm here. If you were going for security work the you need an SIA licence so you need to pursue this to see if it can be removed. That said, you are much more likely to work in security with this on your record than in care.
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks I am much appreciated

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