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Teacher with a partner who is a sex offender


Teacher with a partner who is a sex offender

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Pancake
Pancake
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Hi all and thank you for reading this post.
I am looking for information as well as people who might have a similar experience. I am going to try to write down the facts and to leave the emotion out. My partner is a sex offender. He was a teacher when it happened so he is banned from being a teacher as well as being on the register . He has been on the register for the past 15 years. It will be difficult for him to get out of the register even after those 15years for different reason that I can explain if necessary.
I am a teacher and his conviction always appears on my dbs which make employment very difficult. I am a secondary teacher (11+ years old) so I am not bar by association and can’t ask for a waiver. The conviction is just on my dbs. The wording that the police used is not factual in my opinion as it says ‘due to the profession, ... can gain access to children ‘. The police says that if I do not get a job because of that it is discrimination. But how do I prove that ?
So here are a few questions:
- In your opinion, can I still be a teacher ?
- How could I prove discrimination?
- Should I disclose this information during my interview or wait for the employer to see it on their own on the dbs ? Why ?
- Can I have the police removing the additional information on my dbs ?
- Can I have them changing the wording as it is not factual?

I also have 2 children with this partner and it is likely that this will impact them too in their future . Which is so unfair ! I want to protect them. What can I do ?

That is all what I am thinking for now ! Thank you very much for reading and I look forward to hearing back from you.

Simon1983
Simon1983
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Hi Pancake,

welcome to the forum,

you might want to start looking at the unlock hub page on disclosure of police information on enhanced DBS

https://hub.unlock.org.uk/knowledgebase/local-police-information-2/

Speaking from experience you might find that you are going to need to seek legal representation from a solicitor in this matter, especially if your partner is still living at the same address as your self and your children.

As a person with a conviction for a sex offence involving images, when I was convicted in 2007, my offences where then placed on the enhanced DBS of my mother, father, brother and sister.

My parents and sister where involved in running guide and scout groups and my brother was an accredited FA referee with youth football.
The only way that they could get my convictions removed from there DBS was to make representations using a solicitor to the Met police and  the independent monitor.
it was not a simple process and did take time, but with persistence the Met police decided that the information of my offences should not be disclosed on my family’s enhanced DBS checks.

there is nothing stopping you from being a teacher, the offence is not yours and you are not barred from teaching or on any bared lists, proving discrimination would be hard.

you might also want to make a subject access request to your local police force, and if the area your partners crimes were committed in is different to that police force as well, asking for all information they hold on you.

i hope that this give you some help, 

you might also want to give the unlock helpline a call 01634 247350, or what’s app them 07824 113848 for further information, they are very good, they will treat your enquiry with the strictest of confidence and will not judge they are there to help.

Hope this gives you some areas to start looking

take care 
Simon1983
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Hi pancake 

I also meant to leave this link as well

https://hub.unlock.org.uk/knowledgebase/childcare-disqualification-requirements/

schools are no longer allowed to ask questions about any one in your household With criminal convictions, that are unspent or spent, and are not allowed to keep this information on file, so hope you find this information helpful as well

all the best 
Zack
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Pancake - 30 Mar 20 11:43 AM
Hi all and thank you for reading this post. I am looking for information as well as people who might have a similar experience. I am going to try to write down the facts and to leave the emotion out. My partner is a sex offender. He was a teacher when it happened so he is banned from being a teacher as well as being on the register . He has been on the register for the past 15 years. It will be difficult for him to get out of the register even after those 15years for different reason that I can explain if necessary.I am a teacher and his conviction always appears on my dbs which make employment very difficult. I am a secondary teacher (11+ years old) so I am not bar by association and can’t ask for a waiver. The conviction is just on my dbs. The wording that the police used is not factual in my opinion as it says ‘due to the profession, ... can gain access to children ‘. The police says that if I do not get a job because of that it is discrimination. But how do I prove that ? So here are a few questions:- In your opinion, can I still be a teacher ?- How could I prove discrimination?- Should I disclose this information during my interview or wait for the employer to see it on their own on the dbs ? Why ?- Can I have the police removing the additional information on my dbs ? - Can I have them changing the wording as it is not factual? I also have 2 children with this partner and it is likely that this will impact them too in their future . Which is so unfair ! I want to protect them. What can I do ? That is all what I am thinking for now ! Thank you very much for reading and I look forward to hearing back from you.

I thought disqualification by association was scrapped in 2018 unless in domestic circumstances. I too have a partner with one of these convictions. I'm sure unlock have info on their site. I decided I didn't need to declare it, but please do your research. Im not a teacher, but was involved in a project were i needed to look into this  I can't remember how it works, but maybe possible to get the info removed as there is no longer a legal basis for it. Obviously you need to ensure your work and partner are kept completely separate. I'm sure there's info on the unlock site
Simon1983
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Hi Zack the two links posted above give the relevant information from the unlock hub page

Yes you are correct that disqualification by association is no longer allowed, reading the first post, the problem seems to be that the offence of the partner is being disclosed under relevant information, which unless you get removed will still show on the enhanced DBS and be seen by the school, and although they should not make decisions on this information we all know that they do (just try and proving it is the issue when it comes to discrimination)

trouble is local police intelligence can still include the following if deemed relevant to the job applied for, 

  • Fixed Penalty Notices (FPN’s)
  • Penalty Notices for Disorder (PND’s)
  • Findings of innocence
  • Acquittals
  • Cautions and convictions of those that you live with
  • Other Police intelligence (including allegations
The fact that they have been doing this means that the  force in question believes they are doing the correct thing, this is what needs to be looked further into and action taken

Edited
Last Year by Simon1983
Zack
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Simon1983 - 30 Mar 20 7:44 PM
Hi Zack the two links posted above give the relevant information from the unlock hub page

Yes you are correct that disqualification by association is no longer allowed, reading the first post, the problem seems to be that the offence of the partner is being disclosed under relevant information, which unless you get removed will still show on the enhanced DBS and be seen by the school, and although they should not make decisions on this information we all know that they do (just try and proving it is the issue when it comes to discrimination)

trouble is local police intelligence can still include the following if deemed relevant to the job applied for, 

  • Fixed Penalty Notices (FPN’s)
  • Penalty Notices for Disorder (PND’s)
  • Findings of innocence
  • Acquittals
  • Cautions and convictions of those that you live with
  • Other Police intelligence (including allegations
The fact that they have been doing this means that the  force in question believes they are doing the correct thing, this is what needs to be looked further into and action taken
Thanks Simon, all good info. Sorry missed your links, and possibly the context. I'd hope there was a way that it could be removed, it seems terribly unfair

Simon1983
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Very much so with persistence I hope it will
Pancake
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Hi Simon ,

Thank you so much for taking the time to respond to my post. I really appreciated your help and the links that are very good information.

I have read it all but i find it quiet complicated ! Anyway , it gave me a starting point .

You said that it takes a really long time to possibly have this information removed .
I am currently unemployed and will be looking for work (as a teacher) from September 2021.

So can I take action now ? Or do I need to apply to work to then have a dbs to appeal ?

Also , is this information disclosed on my dbs because we live in the same household ? So if we have two different addresses , it would not be disclosed ?

As you said employers should not disregard my application due to this information but of course they will .

This is how I lost my previous job ... which now I think about it I should have fought for it more but I didn’t know and I didn’t want the information to be spread too much . Teaching is a very small word where all teachers know others from different schools and I didn’t want this information to go in the wrong hands .

The police is not helpful at all and it seems that they just want to push me down...

I will give a call to the number you provided .

Thank you so much for your time and your help !
Simon1983
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Hi pancake 

I would say act now, and get the ball rolling, the fact the police are no hope is out of order completely, as to if you were living in different houses, and had no contact with your partner I don’t have an answer to that and a solicitor might be able to advise you in more detail, I would strongly recommend that if you do look for legal representation then you find a solicitor that has expert knowledge on sex offence cases and experience with DBS representations. 

You might want to use the law society search page for this  

https://www.lawsociety.org.uk

its good that you will call unlock as well, if you can’t get through the first time then keep trying, I know they are stretched a little thin at the moment with the covid 19 situation 

I hope everything goes well, and you can get this sorted and back into work and a profession you enjoy and are obviously good at.

please keep us updated as to how it goes

all the best 

JASB
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Pancake - 30 Mar 20 11:43 AM
Hi all and thank you for reading this post. I am looking for information as well as people who might have a similar experience. I am going to try to write down the facts and to leave the emotion out. My partner is a sex offender. He was a teacher when it happened so he is banned from being a teacher as well as being on the register . He has been on the register for the past 15 years. It will be difficult for him to get out of the register even after those 15years for different reason that I can explain if necessary.I am a teacher and his conviction always appears on my dbs which make employment very difficult. I am a secondary teacher (11+ years old) so I am not bar by association and can’t ask for a waiver. The conviction is just on my dbs. The wording that the police used is not factual in my opinion as it says ‘due to the profession, ... can gain access to children ‘. The police says that if I do not get a job because of that it is discrimination. But how do I prove that ? So here are a few questions:- In your opinion, can I still be a teacher ?- How could I prove discrimination?- Should I disclose this information during my interview or wait for the employer to see it on their own on the dbs ? Why ?- Can I have the police removing the additional information on my dbs ? - Can I have them changing the wording as it is not factual? I also have 2 children with this partner and it is likely that this will impact them too in their future . Which is so unfair ! I want to protect them. What can I do ? That is all what I am thinking for now ! Thank you very much for reading and I look forward to hearing back from you.

Hi

I have emailed the solicitor I used asking if this question was in his experience and so he could offer advice etc.
Fingers crossed and good luck

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
GO


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