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Ben Jones
Ben Jones, UK Lawyer
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I have been sucked from job in Social Care sector due to

Resolved Question:

I have been sucked from job in Social Care sector due to allegedly falling asleep on five occasions (for period of 10 minutes to 30 minutes) during one month period. This was considered as gross misconduct. I worked with vulnerable adults.
Would this information be on the DBS certificate?
If my previous employer reported me to DBS Checking Service should I receive any notification?
How I can find out if DBS Checking Service keeps such information about me
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 7 months ago.
I worked in Residential care Home as Night Worker
Expert:  Ben Jones replied 7 months ago.

Thank you. Please can you tell me how long ago this occurred ?

Customer: replied 7 months ago.
6 month ago
Expert:  Ben Jones replied 7 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 7 months ago.

This should not be included in a DBS check, unless a referral was made to the Safeguarding Authority but this is not something which should trigger a referral. Had you abused patients, been negligent in your care, caused injuries, etc then it could have been referred but in this case I would hope a referral was not made. If they did make a referral then you should be notified of this and in any event you can contact them to see if there is anything against your name. You do so by contacting the and making what is known as a subject access request, which allows you to request any personal information they hold about you, including details of complaints.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the subject access procedure. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46782
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 7 months ago.
Please tell me
If they have legal duty to notify me if there was a referral to the Safeguarding Authority as I received no notificationWhat is the procedure to find out what information DBS authority holdHow long it takes to get that information from DBS?
Expert:  Ben Jones replied 7 months ago.

Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR).

If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:

{C}· {C}Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';

{C}· {C}Provide details of the data you are requesting copies of;

{C}· {C}Your main personal details - full name, date of birth and address;

{C}· {C}Any information you believe the organisation will require to find your information.

The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days.

The DBS will inform you at some stage of the barring process that they have received a referral and allow you to make representations before they make a final decision

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