Advice needed please - Interview with police on Tuesday

cathryn107

sexyeyes83 wrote: »

Even the MD of the company is shocked ive been linked to the incident on the adult protection system and social services and also the local police intel system.

Sexyeyes, recent developments indicate that you have problems other than the employment tribunal which need to be tackled for your future wellbeing.


I've been following your case since the start and I'm sorry that it's still dragging on. Actually I’m horrified by your ordeal. You’ve been accused of theft by someone who has a track record of losing money/making allegations against her carers. Because of this and because you work with vulnerable adults this has led to you being dragged into a case where an item of post has gone missing from a communal hallway around the time you visited the building. You now find out that a former employee was robbed whilst out for a meal with her family. Despite the fact you didn’t see her until the day after it all happened, you’ve found out years later that police and social services systems have a record of you being ‘linked’ to the theft. You’ve never been informed of this allegation or given an opportunity to refute it – it’s just gone on your ‘record’. :mad:

You’ve never been charged or convicted but you are currently linked to three separate criminal offences on databases maintained by the police, social services and possibly national bodies (eg The Care Quality Commission). If you ever went for a job in future that needed clearing by the Independent Safeguarding Authority or similar this stuff would probably show up and be held against you. I know you never want to work in a caring role again (don't blame you!), but you need clearance for ridiculous numbers of roles these days as well as voluntary work. At the moment and through no fault of your own, you have the 'criminal' record of a serial offender and many employers would be reluctant to employ you.

You need to start tackling the ‘soft’ information held about you and having it removed (as well as establishing exactly what information is held and by whom). The more stuff they have on you, the more likely you are to be suspected of wrong-doing in future, leading to more soft info on your record etc etc

Have you thought about approaching your MP about this? The problem of bodies holding unproven allegations is a hot topic right now, and they would be able to find out the official channels you need to go down to tackle your problem. They can also raise your problem at a higher level than you initially can ie at Chief Constable or Chief Exec level, and circumvent a lot of the procedures.

With the 2007 allegation at least, you should be able to get the backing of your old MD and perhaps the family of the client who were with her when she was robbed and have this false accusation wiped from your record.

Good luck.

robredz

cathryn107 wrote: »

Sexyeyes, recent developments indicate that you have problems other than the employment tribunal which need to be tackled for your future wellbeing.


I've been following your case since the start and I'm sorry that it's still dragging on. Actually I’m horrified by your ordeal. You’ve been accused of theft by someone who has a track record of losing money/making allegations against her carers. Because of this and because you work with vulnerable adults this has led to you being dragged into a case where an item of post has gone missing from a communal hallway around the time you visited the building. You now find out that a former employee was robbed whilst out for a meal with her family. Despite the fact you didn’t see her until the day after it all happened, you’ve found out years later that police and social services systems have a record of you being ‘linked’ to the theft. You’ve never been informed of this allegation or given an opportunity to refute it – it’s just gone on your ‘record’. :mad:

You’ve never been charged or convicted but you are currently linked to three separate criminal offences on databases maintained by the police, social services and possibly national bodies (eg The Care Quality Commission). If you ever went for a job in future that needed clearing by the Independent Safeguarding Authority or similar this stuff would probably show up and be held against you. I know you never want to work in a caring role again (don't blame you!), but you need clearance for ridiculous numbers of roles these days as well as voluntary work. At the moment and through no fault of your own, you have the 'criminal' record of a serial offender and many employers would be reluctant to employ you.

You need to start tackling the ‘soft’ information held about you and having it removed (as well as establishing exactly what information is held and by whom). The more stuff they have on you, the more likely you are to be suspected of wrong-doing in future, leading to more soft info on your record etc etc

Have you thought about approaching your MP about this? The problem of bodies holding unproven allegations is a hot topic right now, and they would be able to find out the official channels you need to go down to tackle your problem. They can also raise your problem at a higher level than you initially can ie at Chief Constable or Chief Exec level, and circumvent a lot of the procedures.

With the 2007 allegation at least, you should be able to get the backing of your old MD and perhaps the family of the client who were with her when she was robbed and have this false accusation wiped from your record.

Good luck.

Just the point I have been trying to make regarding the ISA, as their reach goes into more pies than caring professions, even voluntary activities, and OP needs to make sure these unfounded allegations are challenged and expunged from records. I would agree with contacting MP, and others as the ISA is a hot potato at present. OP could be adversely affected imho.

DVardysShadow

robredz wrote: »

Just the point I have been trying to make regarding the ISA, as their reach goes into more pies than caring professions, even voluntary activities, and OP needs to make sure these unfounded allegations are challenged and expunged from records. I would agree with contacting MP, and others as the ISA is a hot potato at present. OP could be adversely affected imho.

Just let nature take its course. Soon there will be enough titletattle to stop almost everyone from taking a care job. At which point, care jobs will become highly paid. The vulnerable people will then start blackmailing the carers [give me £20 a week or I will report you for stealing from me]. Then nobody will look after vulnerable people. This will happen on a timescale such that the people who are currently so concerned to protect the vulnerable people will themselves be the vulnerable people and they will die in their own 5h1t.

cathryn107

Here's a voluntary organisation, FACT, which helps people in caring professions who have been subject to false allegations at work. They may be able to advise

http://www.factuk.org/

sexyeyes83

Many thanks for your replies.

I went to CAB yesterday and got some superb advice, especially in regards to writing my witness statement. Ive got to go back with it in a couple of weeks for them to have a look through.

Im also sending a subject access request to the local police and also social services to establish what information is held about me on their systems.

I did send a letter to the police in December asking for my fingerprints and DNA to be removed, however they refused. Ive wrote a follow up letter and also sent a letter to my local MP regarding this.

I had a look at the FACT website before but it appears from what ive read to be aimed around more sexual abuse.

Anihilator

Sometimes data controllers are not obliged to observe all your rights. This is because exemptions apply in different circumstances.
Exemptions apply to:

• Personal, family and household use of your information
• Safeguarding national security
• Information available to the public by law
• Use of your information for the purposes of journalism, literature or art
• The prevention and detection of crime and the apprehension or prosecution of offenders
• The assessment or collection of taxes
• Regulatory activity designed to protect the public and other bodies such as charities against, for example, financial loss due to dishonesty or malpractice by those involved in financial services or seriously improper conduct by professional people
• Use of your information for research, historical or statistical purposes
• Disclosures required by law or order of a court or where it is necessary to disclose your information in connection with legal proceedings, to obtain legal advice or is otherwise necessary to establish, exercise or defend legal rights
• Confidential references given by an organisation
• Records showing the intentions of organisations in relation to negotiations with you
• Management forecasting
• Examination scripts and marks
• Information covered by legal professional privilege
• Self-incrimination
• The combat effectiveness of the armed forces
• The appointment of Judges, QCs and honours
• Corporate finance services

There are also special exemptions that apply to some personal information relating to health, education and social work.


The above are the reasons why a DSAR to social services and the police are in all likiehood a complete waste of your time.

Organisations are also allowed to withhold information which would incriminate themselves.

Be warned that if you do it your unlikely to get what you want.

Queen-Bee_2

Anihilator wrote: »

Organisations are also allowed to withhold information which would incriminate themselves.

Errr... I don't think so. Can't comment on your previous list, but I know from personal experience that a subject access request can oblige employers to divulge information that incriminates them.
QB

Anihilator

Queen-Bee wrote: »

Errr... I don't think so. Can't comment on your previous list, but I know from personal experience that a subject access request can oblige employers to divulge information that incriminates them.
QB

Well your thoughts are wrong.

The DPA clearly provides an exemption for information which can incriminate themselves.

Yes some may still disclose it but they can claim the exemption.

I would be very surprised if the police or social services disclose much of interest/defence to the OP.

DVardysShadow

Anihilator wrote: »

Well your thoughts are wrong.

The DPA clearly provides an exemption for information which can incriminate themselves.

Yes some may still disclose it but they can claim the exemption.

I would be very surprised if the police or social services disclose much of interest/defence to the OP.

Dear Complainant

In response to your request for information, we are enclosing items ABC. Items PQR we are withholding because it might incriminate us

Yours faithfully

A civil servant

Anihilator

DVardysShadow wrote: »

Dear Complainant

In response to your request for information, we are enclosing items ABC. Items PQR we are withholding because it might incriminate us

Yours faithfully

A civil servant

Or more likely

Dear Sexyeyes,

I write further to your recent DSAR request.

I am pleased to enclose all the paperwork you requested that we are required to disclose to you under the DPA.

I regret that unfortunately some information has not been enclosed due to the exemptions allowed in the DPA.

I hope this does not cause you too much inconvenience.

Yours Sincerely,

A Civil Servant.