need advice re enhanced crb checks

[musicsmith]

Hi Tracyflyy, no, this shouldn't appear on a CRB check as you were not prosecuted or cautioned for anything. There may be a note on a file somewhere to say this incident took place but it would also say that the allegation was unfounded and untrue. You can apply to the Police with an SAR (Subject Access Request) in just the same way as with other organisations such as banks and the likes, I know with my local force it costs around £10 and doesn't take long. The Police will then send you all the information they hold on file for you, it would also include this if any notes have been made at any time. It may make you feel a bit better however, I wouldn't worry about it as, had it been taken as even possibly true you would have had interest from other organisations such as Social Services etc.

take care and don't worry

Steve

[patdavies]

Hi Tracyflyy, no, this shouldn't appear on a CRB check as you were not prosecuted or cautioned for anything.

 

It won't appear on a standard check. It may well appear on an enhanced check.

 

There may be a note on a file somewhere to say this incident took place but it would also say that the allegation was unfounded and untrue. You can apply to the Police with an S.A.R - (Subject Access Request) (Subject Access Request) in just the same way as with other organisations such as banks and the likes, I know with my local force it costs around £10 and doesn't take long. The Police will then send you all the information they hold on file for you, it would also include this if any notes have been made at any time.

Afraid not. The DPA1998 provides that the Police do not have to provide everything in response to a Data Protection Act S.7 request (see DPA1998 S.29(1). If they did, it would make a nonsense of any intelligence gathering

[patdavies]

Hi Tracyflyy, no, this shouldn't appear on a CRB check as you were not prosecuted or cautioned for anything. [/quote[

 

It won't appear on a standard check. It may well appear on an enhanced check.

 

From the CRB website

 

Enhanced CRB Check

 

 

This level of check involves an additional level of check to those carried out for the Standard CRB check - a check on local police records. Where local police records contain additional information that may be relevant to the post the applicant is being considered for, the Chief Officer of police may release information for inclusion in an Enhanced check. Exceptionally, and in a very small number of circumstances (typically to protect the integrity of current police investigations), additional information may be sent under separate cover to the Countersignatory and should not be revealed to the applicant.

There may be a note on a file somewhere to say this incident took place but it would also say that the allegation was unfounded and untrue. You can apply to the Police with an S.A.R - (Subject Access Request) (Subject Access Request) in just the same way as with other organisations such as banks and the likes, I know with my local force it costs around £10 and doesn't take long. The Police will then send you all the information they hold on file for you, it would also include this if any notes have been made at any time.

 

Afraid not. The DPA1998 provides that the Police do not have to provide everything in response to a DPA S.7 request (see DPA1998 S.29(1). If they did, it would make a nonsense of any intelligence gathering

[musicsmith]

The only time the police can withhold information is if it relates directly to an ongoing investigation or if it would put a serving officer or member of the public at risk. This is not the case here. Lets get it in perspective, the police and the CRB people are not out there to wreck our lives, it is the silly people who have knee jerk reactions and bring in draconian laws in the hope it will win them a few votes whilst things are a bit tough for them. I totally disagree with the CRB in respect that it gives no chance for people to change, we now have a massive re offending rate but then why bother to stay out of trouble when people can find out about your past for the rest of your life? What would have been a better procedure would be for a decision to have been made to make certain offences never spent. We know what offences those should be. We need to give people hope, a reason to change and facilitate them into 'normal society' (whatever that is) not beat them down every time they try to stand on their own feet,

[aliah76]

Hi everyone .

 

My boyfriend and I want to foster children. I have never been in trouble but have had to call out the police a few times when i was in a previous relationship that was violent.

 

My boyfriend is now 30 but when he was 15 he was convicted for stealing a car. He doesn't even remember the full details it happened so long ago. His father gave him a thrashing and he has never been in trouble since.

 

Will any of this come up in an enhanced CRB check?

Edited September 11, 2008 by aliah76

[Rubles]

Sidewinder,

 

Your first post on this thread has helped me greatly. I work in a primary school and the very same thing as you talk about in your post happened to me in May. I left my child in the car for no more than 3 minutes while I nipped into the shop to buy a loaf. I parked right next to the glass fronted shop and could see the car all the time. Despite this I was reported to the police, who visited my home a few hours later. No action was taken, the police women were lovely and told me to forget about it etc.

However, I am quite aware that this information could show up on my enhanced crb check. I'd just like to know if anyone can tell me how likely this is to happen?

Information has to be relevant and proportionate. I can see how it may be deemed relevant, but would it be seen as proportionate?

Sidewinder in your example in your previous post, the lady who had a similar thing happen, did the info appear on her enhanced crb check?

 

I'm worried sick about this and can't think about anything else.

[Sidewinder]

Rubles - I have replied to your PM

 

For the sake of openess for the Forum, I can confirm that the enhanced CRB check for the case I described showed nothing untoward whatsoever and I do not believe that it was anything more than a 'pocketbook' entry as far as the Police were concerned, signed off as 'no further action'. I believe that Rubles' case would have been similarly treated and most unlikely to have been recorded on the PNC.

[patdavies]

I believe that Rubles' case would have been similarly treated and most unlikely to have been recorded on the PNC.

 

The PNC record has little or nothing to do with CRB checks.

 

An enhanced CRB check allows for local police actions/suspicions to be revealed.

[Sidewinder]

The PNC record has little or nothing to do with CRB checks.

 

An enhanced CRB check allows for local police actions/suspicions to be revealed.

 

Conceded. But presumably such actions/suspicions would be retrieved from a file or computerised record. Would a request for an officer to follow up a report from a member of the public be recorded in such a manner where the officer deemed that no further action was warranted? Presumably there would be a PNC trace as to the reason for RK details of the vehicle being retrieved (assuming that the OP's vehicle details were used to trace then visit the OP) but I doubt very much whether this would be sufficient to create a record likely to appear on a CRB.

[Rubles]

Thankyou so much Sidewinder, you really have helped to put my mind at rest as much as it is possible to do so. I'll report back when form comes back with the result.

Thankyou once again,

Rubles

[LavenderRose]

Could someone please help me with this

 

I signed up to this site a few weeks ago and didnt know if CRB would be on so I am so glad it is. My partner is 37 and in his twenties volunteered at the local school for 5 years and has some certificates for it. he then volunteered for the local youth club for 3 years and both times had an enhanced CRB with no probs. He gave up as a volunteer 5 months ago as life was so busy and now that it has quietened down agreed to run a workshop for the local youths at the same centre. We sent of for the enhances CRB as usual and when it came just handed it in like last time. 3 days later he was taken in the office and told they could not let him volunteer and showed him his CRB. We could not believe it, it states that the police were told that he has been selling drugs from our home and from the car over a four year period. Its devestated us as its totally not true. We have never had the police at our door due to our teenagers let alone us and we dont even take drugs. This is a malicious lie that someone has phoned up and fabricated this story and it has gone on his CRB. I have researched the net and its happening to thousands of people. It only takes a pee`d of neighbour or a spiteful ex and your career could be in ruins. He now cannot get a job or volunteer anywhere and I believe you can complain but ppl are struggling to get them taken off. If anyone has any advice on this I would really appreciate it as we dont know where to start clearing his name. Id appreciate it.

Thanks

LavenderRose

[Sidewinder]

Could someone please help me with this

 

I signed up to this site a few weeks ago and didnt know if CRB would be on so I am so glad it is. My partner is 37 and in his twenties volunteered at the local school for 5 years and has some certificates for it. he then volunteered for the local youth club for 3 years and both times had an enhanced CRB with no probs. He gave up as a volunteer 5 months ago as life was so busy and now that it has quietened down agreed to run a workshop for the local youths at the same centre. We sent of for the enhances CRB as usual and when it came just handed it in like last time. 3 days later he was taken in the office and told they could not let him volunteer and showed him his CRB. We could not believe it, it states that the police were told that he has been selling drugs from our home and from the car over a four year period. Its devestated us as its totally not true. We have never had the police at our door due to our teenagers let alone us and we dont even take drugs. This is a malicious lie that someone has phoned up and fabricated this story and it has gone on his CRB. I have researched the net and its happening to thousands of people. It only takes a pee`d of neighbour or a spiteful ex and your career could be in ruins. He now cannot get a job or volunteer anywhere and I believe you can complain but ppl are struggling to get them taken off. If anyone has any advice on this I would really appreciate it as we dont know where to start clearing his name. Id appreciate it.

Thanks

LavenderRose

 

This is a massive area of concern and simply shouldn't be allowed to happen. No doubt you have looked at the CRB website and its Complaints_Procedures but in addition to that channel, I would also write to your MP asking for intervention on your behalf. You should also seek an urgent meeting with the Police, going through the Chief Inspector if neccessary. Somebody has to give you answers, and those lie with the local Police force as this would be information recorded locally rather than on the Criminal database.

[LavenderRose]

Thanku sidewinder I appreciate that. I have written a massive complaint to the chief of police it just worries me that thousands of ppl, teachers etc are experiencing this and cant get it off their record. One woman took her 2 yrs to find a solicitor to take her case on! Go to the daily telegraph website and type in CRB errors you`ll be gobsmacked. I work with the local police at the community centre where I work so I will book a meeting with him. I`ll keep you updated as to how I get on but from what Ive read ppl are just being passed around and no one wants to admit fault. Cheers for the info. I`ll post after the meeting. It may help someone else in the same situation.

 

LavenderRose x

[LavenderRose]

Hiya

I have sent a massive letter of complaint to the detective chief inspector, the home office, CRB, Inspector of local police and the independant police complaints department. I.ll wait to see what they are going to do and I will let you know what they do say.

 

LavenderRose

[Sidewinder]

...and let's hope that gets a speedy response.

 

Look forward to hearing it!

[LavenderRose]

Hiya I have received a reply from the Detective Chief Inspectors Office saying I acknowledge receipt of your letter dated 21st Sept and can confirm your concerns are receiving attention. Its a start so lets hope they do something soon and get it taken off.

I`ll keep you posted.

 

LavenderRose

[Rubles]

Lavender Rose,

 

Sorry to hear you're going through this, its just ridiculous and so unfair. Looking forward to hearing the outcome.

Rubles

[Privacy_film]

Hi Lavender Rose,

I'm really sorry that you and your partner are having to go through this. I was particularly struck by your story because I am assistant producer on a cinema film about privacy, surveillance and the database state - funded by The Channel 4 British Documentary Film Foundation and The Joseph Roundtree Reform Trust.

 

Your story is a powerful example of how databases can go wrong and are open to abuse and mis-use even if they are founded on very genuine grounds.

I'd be delighted if you'd be willing to get in touch so I could tell you a little more about the film and its surrounding campaign. Please do email me, Rebecca, at glfilms@gmail.com

[LavenderRose]

Sorry its been a while since i last called in here, been so busy. I received a letter from the home office which was basically a load of garbage so I need to reply to that. In the letter it does state that you have to have been convicted or arrested and had the charges dropped. Neither of these things have happened. If you want me to post their reply I will.

Thank you for your kind words privacy film and rubles and I will definately email you later today. There is nothing put in place by the government when they started the enhanced CRB law for people like my partner and there are thousands like him out there. I received another letter from the chief of police but all it said was they were still looking into it. We have heard nothing from CRB Bureau, Local Police oh and we had a letter from police complaints commission whi h I will be happy to post their reply too. It may help those in the same situation as there isnt much knowledge or support out there.

 

LavenderRose x

[LavenderRose]

Sidewinder,

Do you know the minimum age they can show enhanced CRB info and spent convictions and how long they can hold them for. This isnt for me its for someone who has asked me and I said I would find out. She has heard that if they were under 18 they cant put it on due to data protection and minimum age thing.

 

Many Thanks

LavenderRose

Edited November 23, 2008 by LavenderRose
sent 1st post by mistake twice

[poppynurse]

Apparently they do disclose offences, cautions and convictions whatever the age at the time.

[patdavies]

Sidewinder,

Do you know the minimum age they can show enhanced CRB info and spent convictions and how long they can hold them for. This isnt for me its for someone who has asked me and I said I would find out. She has heard that if they were under 18 they cant put it on due to data protection and minimum age thing.

 

Many Thanks

LavenderRose

 

The minimum age is 10 years. Youth offences expire quicker under the Rehabilitation of Offenders Act, I believe, but remain - like all offences - forever for CRB purposes.

 

Whilst offences become 'spent' under RoAA, they are never spent on CRB.

 

The reason that the limit is 10 years is that below that age, no criminal charges can ever be brought as the individual is doli incapax, or below the age of criminal responsibility.

 

If you think for as moment about what "she has heard". If it were true that offences below the age of 18 years were not allowed to be on CRB, then an individual could commit a serious sexul loffence at age 17 years 11 months and not have it appear on a CRB disclosure a month later (at age 18) - clearly a nonsense.

[LavenderRose]

Thanks Pat I appreciate it. I think she was thinking more less serious offences like theft or suspected theft, not that theft isnt serious but at that kind of level. Also her partner did commit a theft when he was 16 which was 23 yrs ago and had heard that he could get it taken off now. I told her she had little chance of that as we are struggling to get our accusation off my partners and he hasnt even done anything.

I will let her know when I see her later in week.

Cheers

 

LavenderRose x

[LavenderRose]

Thanks poppy for the info x

[Rubles]

Just to let everyone know and hopefully put a few minds at rest, my enhanced CRB check has come back fine with nothing at all on it. However, it has taken until today (10thDec) to come back. Thanks a million times over to Sidewinder for his calm, logical advice- a genuine guy, the kind we need more of!

A very Merry Christmas to Sidewinder and to you all. I've just had the best Christmas present I could have asked for.

 

Rubles xx