CRB check and unfair treatment at interview

[mrshortt1977]

Hi, I was wondering if anyone could help with this. My wife recently applied for a placement at a school as part of her Teaching Assistant NVQ. This is an essential component of her course.

 

She has a criminal record from 14 years ago (fraud and theft) and obviously this showed up on the enhanced CRB check. At the first stage of her interview process, she discussed the past criminal record with the school's headteacher. I should add that for the past 10 years, following graduation, she has worked as a community artist involved with many charitable projects and government-sponsored initiatives working with children, teenagers and the elderly as well as mental health groups.

 

At a second interview, she was questioned by 2 further members of staff - the schools 'family counsellor' and the 'safeguarding officer', who had been informed of her CRB status and who questioned her suitability to the placement on the strength of her criminal record - although they claimed not to know what was on the CRB check. They used language indicating that they had concerns about her being left alone with the children and the possibility of her leading them astray (it's an inner-city high school with some gang-related problems).

 

Anyway, today she was informed by the school that they would not be offering her the placement because, and I quote, "your past experiences make you unsuitable to be made responsible to look after children".

 

I really don't think this is right or fair.

 

Firstly, they seem to have made a judgement based on a criminal record relating in no way to children, which is from 15 years ago, and ignored all the good work which she has done since then (in fact, when my wife first sent her CV to the school, the headteacher seemed thrilled and excited at the prospect of someone of my wife's experience and caliber coming onboard).

 

But secondly and more worryingly, it would appear that the headteacher has shared CRB information, at the very least the existence of a criminal record, with other members of staff before the selection process.

 

Obviously this is just a voluntary placement and not a paid job which has been lost out on, but it is just as important as part of her course and I want to take some action. I don't think they should be allowed to treat people like this. There could now be a staffroom full of teachers, their families, friends etc who are going round with knowledge of my wife's criminal record.

 

What can we do about this?

 

Many thanks.

[honeybee13]

Hello there and thank you for joining the forum. I expect the guys here with more knowledge than me will be able to help you if you would bear with us until they're able to turn up.

 

Fwiw, I agree with you that it doesn't sound totally logical and I would share your concern about confidential information possibly being shared. Generally on the forum in the past, if someone has shared at interview that they have an old offence that appears on a CRB check, it's gone quite well. I understand how you both must feel and I sympathise, but you need someone else to arrive who can give you solid information. They shouldn't be too long.

 

My best, HB

[Gbarbm]

Under rehabilitation of offenders act isn't the conviction spent after 7 years? Might be worth paying £10 and making a subject access request to your local police station and see what is actually on record

[andypandy124]

hi, newbie here. I read your post with great interest as I have been through a similar problem. Firstly, it is illegal for any person whatsoever to divulge details of a CRB disclosure to any other person who is not involved with the interviewing panel. Secondly, I was advised by a mate to go through a company - edited [commercial company] - they was a massive help to me and helped me get a job. It is so difficult if you have a conviction, even if it is years old. it seems very unfair.

 

Good luck anyway.

Edited September 23, 2011 by Conniff

[Gbarbm]

This is what the legislation says;

 

Rehabilitation of Offenders Act 1974

 

1974 CHAPTER 53

 

An Act to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith.

[platta]

I would think your wife is more suited than most for this post with it being in an inner city area with gang issues. She more than most is proof that you can put your past behind you and do good, what better example could you show kids?

[brioni1]

I really have a lot of empathy with you wife. The first thing I would do is establish if they actually new what was on the CRB. This is easy who applied for it ? The second I would do is request a subject access request under the data protection act from the school and ask for all information including emails relating to the job itself. Schools usually undertake enhanced CRBs and on the disclosure it has a section on vulnerable adults and any recorded crimes. In your case none. Then I would suggest after you read the information contact UNLOCK a charity that offers advice. For your information convitions where the sentence is less that 2.5 years are spent after 5 years. The ROA is currently being reviewed as its a shambles. Tell your wife not to give up I have been in a similar position and it only make you stronger. It may be wise drafting a disclosure letter and their are companies that do this.

[tiger66uk]

How did you get on ?

[assisted blonde]

I have a feeling that this post may not be subject to the ROA, it would not be unreasonable for the famolu councellor and safeguarding officer to be made aware of the details on the CTRB as they were forming part of the interview panel. Having said this it is harsh that somthing so long ago is being held against her but i am sure there are plenty of other places that would welsome her, anyway would she want to work with such a narrowminded lot of people. The headteacher would not have been able to make a decision on her own and would have had to share the CRB details with necessary members of staff but I doubt if it is all round the staffroom to be fair it probably dosnt interest most of the other staff they are only concerned with who is working there not those who didnt get the placement. Hope she gets another one somewhere else and she did the right thing in not trying to hide anything.