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Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Hi there. Please explain your query in some more detail so that I can best advise?
OK and can I just check, what official reason did they provide for not supporting your application for BPSS clearance?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
OK, leave it with me and I will get back to you at the earliest opportunity. Many thanks
Many thanks for your patience. Legally, it is going to be rather difficult to get them to change their mind, particularly as they are able to make a decision to withhold such clearance in any event, even if you were not barred from working with children. For example, they could simply decide that your past is something that does not fit with their values or they may still consider you a risk, however minor. Just because something is considered spent does not mean it cannot be considered against you still. The spending of convictions is there to try and give you a clean slate after some time but it dos not apply to all roles and this one will be exempt from the Rehabilitation of Offenders Act anyway and not subject to the rules on spent offences.
To put it bluntly, even if you meet all the criteria for employment there, there is no ‘right’ to be given a job by them and they cans till decide not to employ you or provide clearance to allow you to work there if they do not believe you are suitable. They still have an obligation not to discriminate against you, such as refuse your employment due to race, religion, gender, age, disability, but these are not applicable here and there is no discrimination against not employing someone due to previous criminal record unfortunately.
Hopefully this explains your position