CRB Disclosure

[labman]

Re: CRB Disclosure

Why does no one argue what discrimination really means?

At the end of the day Smiley, if you feel that strongly about it, then only you can do that. Why don't you?

We've all tried to give you the benefit of our experiences here. I believe they would find a totally different reason for having dismissed you, and be successful in doing so. However, it would be for you to prove the dismissal had been discriminatory. :beagle:

[ruthie59]

Re: CRB Disclosure

I am employed by a school and am currently looking at the relevant part of my application form for a new post which states that 'Jobs in schools are exempt from the provisions of Section 4(2) of the Rehabilitation of Offenders Act 1974. You must therefore declare any convictions, bind-overs, cautions or reprimands and give details of the offences'.

'If there are any convictions, they have to be documented in a sealed envelope which has to be sent with the job application and to the referees if you are selected for interview'.

Whilst applying for my current post, I noticed that pages 5-11 were concerned with Recruitment Monitoring. My CRB took about 6 weeks to clear which I believe is fairly prompt.

Apologies for going off topic.

[labman]

Re: CRB Disclosure

Not off topic at all Ruthie, it's good to have your input. :tinysmile_grin_t: I think you're right. From the bit I've done in education, it's normal for what you have described or similar to be required. There was a time when CRB checks were taking a whole term to come back. :beagle:

[smileyculture]

Re: CRB Disclosure

Good posts again, labman, I am aiming to. It stands out that so many people are reading the meaning of the act wrong. I have even heard that if you get over two and a half years, you can never be rehabilitated, amazing if you think about it. All it refers to is, that you have to disclose if you have previous convictions, spent or unspent. I have even been told that some HR think you cannot work in a school with a criminal record, sad but true. I also see wales view but there is a recent case where damages and costs were awarded , over 450K and because they didn't get the job. Will keep posted on this one,thanks all

[labman]

Re: CRB Disclosure

I honestly wish you luck with this. I have employed people with a criminal record which had to be disclosed, and those that know me will know how relevant that is to your position.

It is a shame that those who have genuinely changed their ways have it held against them for good when it is no longer relevant to their position.

[ruthie59]

Re: CRB Disclosure

Couldn't agree more, Labman.Sometimes I think we're in a no-win situation. Please keep us informed and all the best.

[ianalh]

Re: CRB Disclosure

The reason given for the dismissal was a long time coming and it stated that the offence was different from what I had stated. This then raises questions as to who is telling the truth. If I did not disclose it, how could I then tell them something different? The answer lies in another added offence that did not appear on the CRB.

"stated that the offence was different from what I had stated". If they themselves have said that in writing, and you can demonstrate that what you had told them is true, then if you're fighting your ex-employer you may be going after the wrong target. You might consider using your ex-employer's own evidence to stuff the Home Office for the same damages in the recently consolidated intentional economic tort procurement of breach of contract - if you're a LIP, you might run it as a small claim to secure your costs position at the price of limiting damages to 10k. What baffles me however is what you mean by "The answer lies in another added offence that did not appear on the CRB". Please explain?

all just words, not legal advice

[ianalh]

Re: CRB Disclosure

You are aware that Capita runs the Criminal Records Bureau on behalf of the Home Office? With Capita's reputation for cocking things up, they have made grave errors in the past that have wrecked people's lives and then refused to accept responsibility, even though they have been clearly shown to be at fault. Do not rule-out Capita having made errors. Check.

CRB was always going to cock it up with or without Capita's generous assistance.

[ianalh]

Re: CRB Disclosure

Screening would have been better carried out by the Criminal Records Office (CRO) which is staffed by publicly-accountable civil servants, not outsourced to a private-sector company with a history of incompetence.

I hope you're not talking about ACRO, the ACPO Criminal Records Office? That's a private-sector company with... ok, I'll let you connect the dots.

Edit: This is what the police think of their own bosses:

"20 THINGS YOU WON’T HEAR FROM ACPO...
...
9. We’ve all been fiddling crime statistics & detections for so long; we’ve forgotten how to
do it legitimately..."

p27 of http://www.theftprotect.co.uk/librar...20Officers.pdf

And that was in 2010...

Regrettably it's the 5 million fiddled fantasy crimes (Home Office's own statistics) that go into CRB enhanced disclosures...

[ianalh]

Re: CRB Disclosure

That is not how I see discrimination, the wording clearly does not include protected characters, it says, all registered bodies must treat DBS applicants who have a criminal record fairly and do not discriminate because of a conviction or other information revealed. Why does no one argue what discrimination really means?

Because it's all just fluffy words, the DBS doesn't bother investigating or enforcing it anyway, not their remit and well outside whatever competence they might proved to have. (I'd love to be proved wrong!)

[smileyculture]

Re: CRB Disclosure

I think proving you wrong on that point ,would be near impossible. In answer to an earlier question, a conviction that I declared was not included on the CRB, the HR then made the excuse that I misled them, which I clearly did not. I will be looking into the point you made, thanks.

[charitynjw]

Re: CRB Disclosure

CRB is now DBS.

https://www.gov.uk/government/organi...arring-service

[labman]

Re: CRB Disclosure

CRB is now DBS.

https://www.gov.uk/government/organi...arring-service

Shades of Romeo and Juliet, "A rose by any other name ......."

[charitynjw]

Re: CRB Disclosure

Shades of Romeo and Juliet, "A rose by any other name ......."

So young, yet so cynical!

[labman]

Re: CRB Disclosure

Mr Knopfler I think from 'Brothers in Arms' ? Excellent music!