CRB CHECK NIGHTMARE please help me urgent

Nomad1

my daughter was with a friend 7 years ago when she was 16 her friend was in a shop with her laughed and said its so easy to steal in here ,then grabbed a sandwich from the cold counter and run out my daughter got scared and run out too, they both got pulled back into the shop and the police were called, i got a call at Home went down the station, the police asked me what she was normally like and had she done anything like this before ,to which i replied No.

well then they said what do i want them to do about it ,i replied bloody scare her to death so she never hangs around with that Girl again, we went into the interview room my daughter was crying and told them what had happened, and they played the bad cop routine anyway she admitted she knew her friend had stolen something, well they gave her a warning well what i thought was a warning and we left.

she went to collage and got a job in a nursing home was there for six months and they were very happy with her and she was happy there , then they did a Crb check and she was sacked, i complained told them the story but they refused to take her back.

i went to the police station and said what the heck is going on a telling off two years ago has cost my daughter her job i then asked how long a reprimand stayed on her records for they said 5 years , well my daughter worked hard re trained as and qualified as a state registered dental Nurse.
well within the last week they sent of a CRB check for all the staff as a New practice code, guess what my daughters Standard CRB has come back with reprimand for shoplifting and she is worried they will Sack Her
Can someone please help is this right ? i have read so many Nightmares about it wrecking people lives something has to be Done to get this changed can some please Help with legal Advice, as so many people have different Experiences the internet it is Full of un - Answered questions HELP HELP HELP !

DCFC79

Is what right ? the fact theres a mention of the incident on the crb when she was given a warning

have you found out if warnings should be on a crb ?

Nomad1

yes it states repriman 1 theft shoplifting on the dislosure form from 2004 when whe was 16

Nomad1

by the way we live in sussesx so its sussex police Force i don't know if Forces vary

DCFC79

So whats the question ? is it can she get fired from the job ? yes they can fire her if they feel its necessary

gravitytolls

I guess she's scared because of her previous experience, but I think she'll be okay. It clearly states the offence the reprimand was for, she isn't a danger to vulnerable people....although I suppose it could be suggested that she may take advantage of her position to coerce others into benefitting her financially in some way? In a nursing home, I can see this, but as a dental assistant?

When she filled in the CRB form, did she tell her employers that there would be a disclosure on it, and what it is? I do know people who have criminal convictions which appear on the CRB, and they have still been employed within the care industry, but the proviso was that convictions/reprimands were disclosed prior to CRB, as they would be employed whilst awaiting results.

Nomad1

like i said i need legal advice 1 on how long this stays on her record, 2 i am worried she will think, and does think, her life is not worth living this is happening all over if you read the posts this may have been a stupid thing to do by the other Girl who Stole but even she at 15 should not have this to affec the rest of her life even ploice officers get taken on these days under the offenders rehabilitation

Nomad1

No it was not a policy for a CRB Check when she first started her Dental job and anyway it was 7 years ago and we were going on what the police told us four years ago that it would be removed after 5 years which was rubbish so, she just filled her form in with nothing to declare as she thought it would be and had been taken off

Savvy_Sue

At the moment, my understanding is that cautions stay on for ever. There are ongoing arguments about whether they should, but at the moment they do.

I am not sure what the difference is between a reprimand and a caution. I know a caution can be given if the offence is admitted, but my understanding is that there was no offence here, beyond being young and silly.

There's more information here.

What your DD probably needs to do in future is 'disclose', and there are ways of doing this confidentially. We ask all our applicants to 'disclose' any criminal offences or cautions: in your DD's case I'd suggest a letter "to whom it may concern", outlining briefly what happened, what the result was, how out of character this was and how nothing like it has happened or will happen again. It's also worth stressing the 'young and foolish' side of things. That goes in a sealed envelope attached to her application form with the word 'Disclosure' written on the outside - not her name!

All employers who do CRB checks should have one person who handles these: only that person should see what's in the envelope, it shouldn't be opened unless she's shortlisted for an interview, and even then ideally only after interview, just to make sure that it isn't anything which definitely makes her unsuitable for the job applied for.

Problems arise when a CRB comes back with things on it the employer wasn't expecting. If the employer knows something's going to be on it, it's easier to make a proper consideration of whether or not it matters. If the offence was 7 months ago, it would obviously be more of a concern.

You could also get in touch with W Sussex police and ask whether reprimands should be removed after 5 years. Just because they SHOULD be removed doesn't mean they WILL be. Sometimes they may wait for the person to ASK for them to be removed.

abby1234519

I had a caution/warning when I was 14 years old with a friend (both of us shoplifted) she got a job at a nursery when she was 19 after training. So it had either dropped off or is still on there but the nursery must have realised, something you do when you are 14 doesn't necessarily reflect what you're up to now

I'd go and ask at a police station to be honest regarding the caution. Maybe the rules were 5 years for me (8 years ago) and now have changed but then again there is the same sort of timespan for mine and your daughters

fred7777

It sounds like your daughter is applying for jobs which require an enhanced CRB check. In this case nothing is ever removed from the records, people have even lost jobs for having their DNA on the national database! http://www.telegraph.co.uk/news/uknews/crime/6563877/City-lawyer-fired-after-police-kept-record-of-her-innocent-arrest.html

An organisation should have a CRB policy stating what they do with the information and who they will and won't employ. A blanket ban on anyone whose CRB check says anything but "nothing recorded" isn't best practice but there is nothing stopping them doing this. There is also nothing stopping employers asking for enhanced checks on jobs where they are not required and technically illegal.

Contact NACRO as they have recently helped in a similar situation which they describe here:
http://www.nacro.org.uk/media-centre/press-releases/college-rethink-gives-student-the-chance-to-live-her-dream,981,NAP.html