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Advanced DBS checks (Arrests surrounding allegations & employment)


Advanced DBS checks (Arrests surrounding allegations & employment)

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Pat U
Pat U
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Hello everyone, may I firstly thank the admin for allowingme to join the forum. I hope that the story and message that follows can beread discussed amongst likeminded individuals and offer some input into what Ihave to say.  I’m hoping that widerdebate on this issue might highlight ideas for future solutions and help othersin the same situation.

An apology in advance as this is quite a lengthy story. Formany years, I have had a sibling with behavioural issues target me with acts ofmalice by means of using the police to issue false allegations against me. Thishas covered a period of a staggering fifteen years with me being arrested,quizzed and questioned. This in itself has been horrendous as these outlandish storiescovers harassment, criminal damage, threats to kill and sexual assault. All ofthese allegations were not taken on by the CPS and I was released on alloccasions by the police with no further action.  

Running parallel to all of this chaos going on in the lateryears of this persons bombardment of malice, I had been studying for a degreeand have worked extremely hard to achieve a first class honours. The stress ofhaving to deal with the course and the insanity of the sibling nearly made medrop out at the end of the first year.  Myphysical and mental state was terrible. I sought to get an injunction out onthis individual under the classification of a ‘non-molestation order’ whilst Iwas studying. The sibling had to sign an agreement never to pester or harass meany further and for now it has been quite for twelve months.  I strove to not let this person affect my workand achieve my goals and that mindset got me over the finish line with mystudies.  Unfortunately, this person’sinflicted nightmare has now taken another form which is what brings me to thisforum.

After (surprisingly) achieving a first class honours grade,a job opportunity has arisen within the university from where I studied.  The job matches my skill set and would be anamazing opportunity to potentially join the ranks of the fellow academics andmove on with the next phase of my life. I filled out the application form and wherethe criminal record section requires you to declare any convictions. I listed theone (and only) conviction I actually have which is a section 5 public orderoffence from 15 years ago. I honestly had no issues in divulging thisinformation and it has no bearing or relevance to the person I am now. However,it is when I looked into the advanced elements of the DBS checks that can bedivulged by the Police that brought the nightmare of the past to the forefrontof my life once again.

The DBS check has not yet been undertaken but I would wagerthat the allegations from which I was arrested will undoubtedly be held on myrecord. This is the point where I have taken an active stance against the wholeprocedure and came to write in this forum. In my mind a criminal record is whatis created where a magistrate / judge has determined your guilt either throughyour own admission or evidence supplied to the courts. That information I amquite happy to divulge. I made my mistake, it’s spent and I’ve moved on. Thepublic order offence also actually came from me protesting against this same siblingfrom where an incident arose where I couldn’t contain my disgust against this individual.However, it is all the hearsay gossip and malicious entries on my record which let’sface it are far more potentially impacting for the recruitment officer to lookover in comparison to a stale public order offence right?

To my horror, I later find out that you can only challengethe DBS certificate but only after it’s been issued. This is ridiculous! I attributethis to no little to than every time I have an interview that I take my siblingto sit beside the recruitment officer as so they can steer their attention tothe lies of an extremely serious nature, rather than the facts.  It also bodes the issue that if a maliciousperson knows how to mess with someone’s future, your enemy doesn’t necessarilyneed convictions to scuttle someone’s job opportunities. In my eyes a publicorder offence is small pickings when all someone needs is the ability to lieand a 75% statistical chance that an employer will discriminate. I know which chanceI would bet my future on.

Steps forward: I refuse to let this individual determine outcomesand events of my life. The law and legislation in DBS reporting still has along way to go. With the efforts I’m seeing Unlock undertake the time forchange in hopefully on the horizon. In the mean time, I have been researchinginto ways of trying to contain this inaccurate information and make efforts todo some pre-emptive damage control. Maybe one of you can offer better advicethan the road I wish to go down. I am now seeking to issue a Subject AccessRequest to the police and find out exactly what is held on my record.  I am specifically looking for the allegationinformation as this is the most damaging.

I am hoping that if such damaging information is on therethat I can utilise either something under the Article 8 human rights of privacyof a family life (as this relates to a sibling) and possibly seek to have this dataremoved/ omitted or have the dataremoved completely which falls under Section 10 of the Data Protection Act as Iconsider this information not only inaccurate but disproportionally biased froma known enemy of mine which is causing distress beyond comprehension.  

Over to you guys, I welcome your input.

Patrick   


Square
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Pat U - 14 Jun 19 3:19 PM

Hello everyone, may I firstly thank the admin for allowingme to join the forum. I hope that the story and message that follows can beread discussed amongst likeminded individuals and offer some input into what Ihave to say.  I’m hoping that widerdebate on this issue might highlight ideas for future solutions and help othersin the same situation.

An apology in advance as this is quite a lengthy story. Formany years, I have had a sibling with behavioural issues target me with acts ofmalice by means of using the police to issue false allegations against me. Thishas covered a period of a staggering fifteen years with me being arrested,quizzed and questioned. This in itself has been horrendous as these outlandish storiescovers harassment, criminal damage, threats to kill and sexual assault. All ofthese allegations were not taken on by the CPS and I was released on alloccasions by the police with no further action.  

Running parallel to all of this chaos going on in the lateryears of this persons bombardment of malice, I had been studying for a degreeand have worked extremely hard to achieve a first class honours. The stress ofhaving to deal with the course and the insanity of the sibling nearly made medrop out at the end of the first year.  Myphysical and mental state was terrible. I sought to get an injunction out onthis individual under the classification of a ‘non-molestation order’ whilst Iwas studying. The sibling had to sign an agreement never to pester or harass meany further and for now it has been quite for twelve months.  I strove to not let this person affect my workand achieve my goals and that mindset got me over the finish line with mystudies.  Unfortunately, this person’sinflicted nightmare has now taken another form which is what brings me to thisforum.

After (surprisingly) achieving a first class honours grade,a job opportunity has arisen within the university from where I studied.  The job matches my skill set and would be anamazing opportunity to potentially join the ranks of the fellow academics andmove on with the next phase of my life. I filled out the application form and wherethe criminal record section requires you to declare any convictions. I listed theone (and only) conviction I actually have which is a section 5 public orderoffence from 15 years ago. I honestly had no issues in divulging thisinformation and it has no bearing or relevance to the person I am now. However,it is when I looked into the advanced elements of the DBS checks that can bedivulged by the Police that brought the nightmare of the past to the forefrontof my life once again.

The DBS check has not yet been undertaken but I would wagerthat the allegations from which I was arrested will undoubtedly be held on myrecord. This is the point where I have taken an active stance against the wholeprocedure and came to write in this forum. In my mind a criminal record is whatis created where a magistrate / judge has determined your guilt either throughyour own admission or evidence supplied to the courts. That information I amquite happy to divulge. I made my mistake, it’s spent and I’ve moved on. Thepublic order offence also actually came from me protesting against this same siblingfrom where an incident arose where I couldn’t contain my disgust against this individual.However, it is all the hearsay gossip and malicious entries on my record which let’sface it are far more potentially impacting for the recruitment officer to lookover in comparison to a stale public order offence right?

To my horror, I later find out that you can only challengethe DBS certificate but only after it’s been issued. This is ridiculous! I attributethis to no little to than every time I have an interview that I take my siblingto sit beside the recruitment officer as so they can steer their attention tothe lies of an extremely serious nature, rather than the facts.  It also bodes the issue that if a maliciousperson knows how to mess with someone’s future, your enemy doesn’t necessarilyneed convictions to scuttle someone’s job opportunities. In my eyes a publicorder offence is small pickings when all someone needs is the ability to lieand a 75% statistical chance that an employer will discriminate. I know which chanceI would bet my future on.

Steps forward: I refuse to let this individual determine outcomesand events of my life. The law and legislation in DBS reporting still has along way to go. With the efforts I’m seeing Unlock undertake the time forchange in hopefully on the horizon. In the mean time, I have been researchinginto ways of trying to contain this inaccurate information and make efforts todo some pre-emptive damage control. Maybe one of you can offer better advicethan the road I wish to go down. I am now seeking to issue a Subject AccessRequest to the police and find out exactly what is held on my record.  I am specifically looking for the allegationinformation as this is the most damaging.

I am hoping that if such damaging information is on therethat I can utilise either something under the Article 8 human rights of privacyof a family life (as this relates to a sibling) and possibly seek to have this dataremoved/ omitted or have the dataremoved completely which falls under Section 10 of the Data Protection Act as Iconsider this information not only inaccurate but disproportionally biased froma known enemy of mine which is causing distress beyond comprehension.  

Over to you guys, I welcome your input.

Patrick   


I am guessing that you needed a safe forum to put this out there more than have any issues - and I get that.

Look, the first thing you need to understand is what kind of DBS check is being done. If it is basic, nothing may come back. i know a university near me is quite sensible about the type of DBS they do, and it varies by role and location.

As good as and as helpful as people try to be on this forum, responses may not always be accurate. I would therefore recommend calling the unlock helpline if you have specific questions. In terms of challenging the information that may be held on your DBS you would be advised to contact a law professional.

I know that in terms of a higher level DBS check being done, you will receive a copy of the certificate first. You can then challenge the information if you believe it to be irrelevant for the purpose of the check.

In terms of offences or supposed, you know what is true and what isn't. With my conviction I struggled with the outcome as it was wrong - I have found comfort in knowing that both myself and my supposed victim knows the truth. I know it is a small thing to hold onto - but it is important for me. 

Good luck, and hopefully all goes well.

Square
Yankee
Yankee
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Pat U - 14 Jun 19 3:19 PM

Hello everyone, may I firstly thank the admin for allowingme to join the forum. I hope that the story and message that follows can beread discussed amongst likeminded individuals and offer some input into what Ihave to say.  I’m hoping that widerdebate on this issue might highlight ideas for future solutions and help othersin the same situation.

An apology in advance as this is quite a lengthy story. Formany years, I have had a sibling with behavioural issues target me with acts ofmalice by means of using the police to issue false allegations against me. Thishas covered a period of a staggering fifteen years with me being arrested,quizzed and questioned. This in itself has been horrendous as these outlandish storiescovers harassment, criminal damage, threats to kill and sexual assault. All ofthese allegations were not taken on by the CPS and I was released on alloccasions by the police with no further action.  

Running parallel to all of this chaos going on in the lateryears of this persons bombardment of malice, I had been studying for a degreeand have worked extremely hard to achieve a first class honours. The stress ofhaving to deal with the course and the insanity of the sibling nearly made medrop out at the end of the first year.  Myphysical and mental state was terrible. I sought to get an injunction out onthis individual under the classification of a ‘non-molestation order’ whilst Iwas studying. The sibling had to sign an agreement never to pester or harass meany further and for now it has been quite for twelve months.  I strove to not let this person affect my workand achieve my goals and that mindset got me over the finish line with mystudies.  Unfortunately, this person’sinflicted nightmare has now taken another form which is what brings me to thisforum.

After (surprisingly) achieving a first class honours grade,a job opportunity has arisen within the university from where I studied.  The job matches my skill set and would be anamazing opportunity to potentially join the ranks of the fellow academics andmove on with the next phase of my life. I filled out the application form and wherethe criminal record section requires you to declare any convictions. I listed theone (and only) conviction I actually have which is a section 5 public orderoffence from 15 years ago. I honestly had no issues in divulging thisinformation and it has no bearing or relevance to the person I am now. However,it is when I looked into the advanced elements of the DBS checks that can bedivulged by the Police that brought the nightmare of the past to the forefrontof my life once again.

The DBS check has not yet been undertaken but I would wagerthat the allegations from which I was arrested will undoubtedly be held on myrecord. This is the point where I have taken an active stance against the wholeprocedure and came to write in this forum. In my mind a criminal record is whatis created where a magistrate / judge has determined your guilt either throughyour own admission or evidence supplied to the courts. That information I amquite happy to divulge. I made my mistake, it’s spent and I’ve moved on. Thepublic order offence also actually came from me protesting against this same siblingfrom where an incident arose where I couldn’t contain my disgust against this individual.However, it is all the hearsay gossip and malicious entries on my record which let’sface it are far more potentially impacting for the recruitment officer to lookover in comparison to a stale public order offence right?

To my horror, I later find out that you can only challengethe DBS certificate but only after it’s been issued. This is ridiculous! I attributethis to no little to than every time I have an interview that I take my siblingto sit beside the recruitment officer as so they can steer their attention tothe lies of an extremely serious nature, rather than the facts.  It also bodes the issue that if a maliciousperson knows how to mess with someone’s future, your enemy doesn’t necessarilyneed convictions to scuttle someone’s job opportunities. In my eyes a publicorder offence is small pickings when all someone needs is the ability to lieand a 75% statistical chance that an employer will discriminate. I know which chanceI would bet my future on.

Steps forward: I refuse to let this individual determine outcomesand events of my life. The law and legislation in DBS reporting still has along way to go. With the efforts I’m seeing Unlock undertake the time forchange in hopefully on the horizon. In the mean time, I have been researchinginto ways of trying to contain this inaccurate information and make efforts todo some pre-emptive damage control. Maybe one of you can offer better advicethan the road I wish to go down. I am now seeking to issue a Subject AccessRequest to the police and find out exactly what is held on my record.  I am specifically looking for the allegationinformation as this is the most damaging.

I am hoping that if such damaging information is on therethat I can utilise either something under the Article 8 human rights of privacyof a family life (as this relates to a sibling) and possibly seek to have this dataremoved/ omitted or have the dataremoved completely which falls under Section 10 of the Data Protection Act as Iconsider this information not only inaccurate but disproportionally biased froma known enemy of mine which is causing distress beyond comprehension.  

Over to you guys, I welcome your input.

Patrick   


As you were never prosecuted for any of the alleged offences, nothing will show up on a basic DBS check.  However, if the role allows the university to undertake an enhanced DBS check, the police could include non-conviction information if they feel it would help identify a potential risk to vulnerable people. The inclusion of such information has to be proportionate and relevant.

Either way, the DBS certificate will come to you first for review. If it is a basic check, should be all good. If it is an enhanced check, it could be all good.. If, for any reason, there is non-conviction information on it you can either challenge it with the DBS appeals process (if the information is factually inaccurate or you can demonstrate it is not proportionate/relevant). Even on a worse case basis where the DBS certificate contains the information and it cannot be removed, all is not lost. Explaining the situation to the university HR department and demonstrating that it does not impact your ability to do the job and does not mean you pose a risk to other people ... it won't be an easy conversation to have, but please remember that there are good HR people out there, not just those who tick boxes, and you may find a very sympathetic ear.

As Square mentions, Unlock are very helpful so give the helpline a call and discuss it with them.

Good luck hopefully in your new career


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Yankee - 17 Jun 19 3:53 PM
Pat U - 14 Jun 19 3:19 PM

Hello everyone, may I firstly thank the admin for allowingme to join the forum. I hope that the story and message that follows can beread discussed amongst likeminded individuals and offer some input into what Ihave to say.  I’m hoping that widerdebate on this issue might highlight ideas for future solutions and help othersin the same situation.

An apology in advance as this is quite a lengthy story. Formany years, I have had a sibling with behavioural issues target me with acts ofmalice by means of using the police to issue false allegations against me. Thishas covered a period of a staggering fifteen years with me being arrested,quizzed and questioned. This in itself has been horrendous as these outlandish storiescovers harassment, criminal damage, threats to kill and sexual assault. All ofthese allegations were not taken on by the CPS and I was released on alloccasions by the police with no further action.  

Running parallel to all of this chaos going on in the lateryears of this persons bombardment of malice, I had been studying for a degreeand have worked extremely hard to achieve a first class honours. The stress ofhaving to deal with the course and the insanity of the sibling nearly made medrop out at the end of the first year.  Myphysical and mental state was terrible. I sought to get an injunction out onthis individual under the classification of a ‘non-molestation order’ whilst Iwas studying. The sibling had to sign an agreement never to pester or harass meany further and for now it has been quite for twelve months.  I strove to not let this person affect my workand achieve my goals and that mindset got me over the finish line with mystudies.  Unfortunately, this person’sinflicted nightmare has now taken another form which is what brings me to thisforum.

After (surprisingly) achieving a first class honours grade,a job opportunity has arisen within the university from where I studied.  The job matches my skill set and would be anamazing opportunity to potentially join the ranks of the fellow academics andmove on with the next phase of my life. I filled out the application form and wherethe criminal record section requires you to declare any convictions. I listed theone (and only) conviction I actually have which is a section 5 public orderoffence from 15 years ago. I honestly had no issues in divulging thisinformation and it has no bearing or relevance to the person I am now. However,it is when I looked into the advanced elements of the DBS checks that can bedivulged by the Police that brought the nightmare of the past to the forefrontof my life once again.

The DBS check has not yet been undertaken but I would wagerthat the allegations from which I was arrested will undoubtedly be held on myrecord. This is the point where I have taken an active stance against the wholeprocedure and came to write in this forum. In my mind a criminal record is whatis created where a magistrate / judge has determined your guilt either throughyour own admission or evidence supplied to the courts. That information I amquite happy to divulge. I made my mistake, it’s spent and I’ve moved on. Thepublic order offence also actually came from me protesting against this same siblingfrom where an incident arose where I couldn’t contain my disgust against this individual.However, it is all the hearsay gossip and malicious entries on my record which let’sface it are far more potentially impacting for the recruitment officer to lookover in comparison to a stale public order offence right?

To my horror, I later find out that you can only challengethe DBS certificate but only after it’s been issued. This is ridiculous! I attributethis to no little to than every time I have an interview that I take my siblingto sit beside the recruitment officer as so they can steer their attention tothe lies of an extremely serious nature, rather than the facts.  It also bodes the issue that if a maliciousperson knows how to mess with someone’s future, your enemy doesn’t necessarilyneed convictions to scuttle someone’s job opportunities. In my eyes a publicorder offence is small pickings when all someone needs is the ability to lieand a 75% statistical chance that an employer will discriminate. I know which chanceI would bet my future on.

Steps forward: I refuse to let this individual determine outcomesand events of my life. The law and legislation in DBS reporting still has along way to go. With the efforts I’m seeing Unlock undertake the time forchange in hopefully on the horizon. In the mean time, I have been researchinginto ways of trying to contain this inaccurate information and make efforts todo some pre-emptive damage control. Maybe one of you can offer better advicethan the road I wish to go down. I am now seeking to issue a Subject AccessRequest to the police and find out exactly what is held on my record.  I am specifically looking for the allegationinformation as this is the most damaging.

I am hoping that if such damaging information is on therethat I can utilise either something under the Article 8 human rights of privacyof a family life (as this relates to a sibling) and possibly seek to have this dataremoved/ omitted or have the dataremoved completely which falls under Section 10 of the Data Protection Act as Iconsider this information not only inaccurate but disproportionally biased froma known enemy of mine which is causing distress beyond comprehension.  

Over to you guys, I welcome your input.

Patrick   


As you were never prosecuted for any of the alleged offences, nothing will show up on a basic DBS check.  However, if the role allows the university to undertake an enhanced DBS check, the police could include non-conviction information if they feel it would help identify a potential risk to vulnerable people. The inclusion of such information has to be proportionate and relevant.

Either way, the DBS certificate will come to you first for review. If it is a basic check, should be all good. If it is an enhanced check, it could be all good.. If, for any reason, there is non-conviction information on it you can either challenge it with the DBS appeals process (if the information is factually inaccurate or you can demonstrate it is not proportionate/relevant). Even on a worse case basis where the DBS certificate contains the information and it cannot be removed, all is not lost. Explaining the situation to the university HR department and demonstrating that it does not impact your ability to do the job and does not mean you pose a risk to other people ... it won't be an easy conversation to have, but please remember that there are good HR people out there, not just those who tick boxes, and you may find a very sympathetic ear.

As Square mentions, Unlock are very helpful so give the helpline a call and discuss it with them.

Good luck hopefully in your new career


Please don't just assume that you would have an enhanced DBS check because you would be working in a university. Unless the course involves regulated activity with vulnerable groups, it should have a basic DBS check, and others have already shown that you have nothing at all to fear from a basic DBS check.

Even if it is an enhanced DBS check, though, there is another possibility for a way through this. First of all, as your public order conviction was over 11 years ago, it should be filtered by now, unless it was aggravated by religion, race, etc. So, that shouldn't show up, and you shouldn't have disclosed it. It's done now, though, so you can ask them to disregard it, as it shouldn't have come to their attention. As for the allegations, you can make a subject access request to your local police force to ask for any information they hold about you on local files. You can read more about this on the Unlock website here. If they have not retained any of this information, you know nothing will be disclosed. If there is something there, they might choose not to disclose it, but there is a procedure you can follow to try and prevent disclosure, and let's face it, it sounds like you have quite a strong case. You can find details of how to do that by following the link to Unlock earlier in this post.

Don't think you're entirely powerless in this situation - there are things you can do to see exactly what you might be facing, and to deal with the details of disclosure.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

GO


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