theForum

Can probation unilaterally disclose a criminal record to an employer


https://forum.unlock.org.uk/Topic26500.aspx

By philfer - 10 Oct 19 7:26 PM

I don't know where to turn.

I have a conviction for an internet downloading offence. 

I got a job as an accountant in an office where there are no children and where the employer does not require a DBS check (as it is not a relevant job).  I have provided evidence to probation showing that the internet access is controlled and shown them a screenprint of the message showing what happens if you try to access a website that is not in their policy.  I have also shown them the IT security policy which explains that the IT department actively monitors staff internet access and activity.  I feel that this is enough to show there is no risk.

Probation have now said that they would still want disclosure and if I don't disclose they will.

My previous probation officer had no problem with my employment and was happy that it was part of my rehabilitation.  She went off sick and my new probation officer is pushing this issue.

My question is whether probation are legally allowed to disclose without my permission or any request from the employer?

Also I was wondering if you has any contacts at law firms in London who would be able to advise me on this issue.

The other thing probation are aware of is that in the past I had issues with suicide and self harm.  For the past 2.5 years I have been moving forward positively and rebuilding my life and my previous probation officer was very supportive of this.  This change and development has set me back three years and is very negatively affecting my mental health.

Any help would be very very very gratefully received
By JASB - 31 Oct 19 1:26 PM

philfer - 10 Oct 19 7:26 PM
I don't know where to turn.

I have a conviction for an internet downloading offence. 

I got a job as an accountant in an office where there are no children and where the employer does not require a DBS check (as it is not a relevant job).  I have provided evidence to probation showing that the internet access is controlled and shown them a screenprint of the message showing what happens if you try to access a website that is not in their policy.  I have also shown them the IT security policy which explains that the IT department actively monitors staff internet access and activity.  I feel that this is enough to show there is no risk.

Probation have now said that they would still want disclosure and if I don't disclose they will.

My previous probation officer had no problem with my employment and was happy that it was part of my rehabilitation.  She went off sick and my new probation officer is pushing this issue.

My question is whether probation are legally allowed to disclose without my permission or any request from the employer?

Also I was wondering if you has any contacts at law firms in London who would be able to advise me on this issue.

The other thing probation are aware of is that in the past I had issues with suicide and self harm.  For the past 2.5 years I have been moving forward positively and rebuilding my life and my previous probation officer was very supportive of this.  This change and development has set me back three years and is very negatively affecting my mental health.

Any help would be very very very gratefully received

Hi,
I feel for you in so many ways.

I am not sure how much longer you are with Probation but whilst I was with them they always stated I must disclose. In one interview I was told that they were not interested in me disclosing the actual details but I said I had to under the direction of my Probation Officer who would contact them if I didn't or to check I had. They said sorry but as they were trying to help me they couldn't risk it becoming knowledge to all by calls from probation officers and my interview was stopped.

 I was forced (yes I say forced) to play their scenario games which I stated that in my experience as an ex Human resources consultant were not in line with current business processes. To no avail.

In regard to PPU when I informed them I was considering applying for a role to show prospective house buyers round homes (no disclosure was required) he stated he would contact the possible employer as children may be involved!!

You must remember they are trying to protect themselves more than protect the public.

I have applied to over 2000 vacancies ranging from my profession to volunteer work and been rejected mostly without discussion because of my sex offence. My old probation officer has told me to retire and he stated 'as long as you can pay your bills from my military pension then you should be happy.'

My offence, I accepted an offer from a female sex work who approached me, and subsequently blackmailed me. 

Good luck and keep positive and always follow your instinct as other opinions will only confuse you.

Remember the hardest decision is usually the correct one.