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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44869
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My finance was working as a nurse and has been dismissed

Customer Question

Hi
My finance was working as a nurse and has been dismissed from his job about january time. one of the allegations was assaulting a patient,( in fact he was held our his arm to stop her running away. She ran towards him and she ran into him with force that they both ended up on the floor. It was caught on camera and there were plenty of witnesses. ) and a couple of minor allegations, like missing obs.
He appealed which was held yesterday, he had a union rep from the RCN with him. At the hearing they said they were going to refer him to NMC and to the DBS.
After 6 weeks from the first hearing he found a job with a well know diy store and also working in a nursing home, both part time. Both places knows why he was dismissed and they have no worries.
The main thing we are worried about is the DBS, as he has checks on this before for nursing and scouts. They always came back clear. Seeing the NHS is reporting him to the DBS for being a danger to the public, which he not at all. Where does he stand regarding the his new jobs ?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 6 months ago.
Hi Ben
Expert:  Ben Jones replied 6 months ago.
Can you please tell me if your friend was charged for anything in relation to this matter?
Expert:  Ben Jones replied 6 months ago.
Sorry, hi there.
Customer: replied 6 months ago.
We received yesterday that the NMC has contacted my finance. We have had no police involvement at all.
Expert:  Ben Jones replied 6 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 6 months ago.
My partner has never been in trouble with the police at all.
Customer: replied 6 months ago.
The legal department of NMC have been contacted saying them will arrange a meeting and talk things over with him.
Expert:  Ben Jones replied 6 months ago.
Thanks for your patience. What happens with the DBS is that if they receive information that indicates that a person may pose a risk of harm to vulnerable groups, they can look into this and may make a decision to include this person on a barred list. The initial step is for the employer to make a referral to the DBS. More info on this here: https://www.gov.uk/guidance/making-barring-referrals-to-the-dbs If, after a referral, the DBS think that there is a case to bar this person from working with vulnerable adults then they can make a decision to include them on a barred list. The full process of that and how it can be challenged whilst it is ongoing can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/502226/DBS_referrals_guide_referral_and_decision_making_process_v3.2.pdf If he is barred then he will appear on one of a couple of barred lists, which could come up if he undertakes certain jobs. This is your basic legal position. I have more detailed advice for you in terms of what he can expect on future DBS checks, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 6 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 6 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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