CRB CHECK NIGHTMARE please help me urgent

kerrypn

Nomad1 wrote: »

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 !

There is no way a nursing home should be waiting 6 months for a CRB check-I would think she has some form of defence here at least-they can start people on a POVA check if very short staffed as this takes less time but she must be supervised at all times until full disclosure comes through and the disclosure must be applied for prior to employment commencing. I imagine this employer has broken a few rules waiting so long for a CRB, a CRB should definitely not take 6 months. Sorry, just thought I would throw that in

clairec79

enhanced CRBs things stay on forever

I was told that if we admitted to something prior to the CRB check and it came back with it on then each situation would be looked at individually - and in cases like your daughter it probably wouldn't affect anything. But if we'd lied and said it was clear when it wasn't then we'd loose our jobs as we'd lied.

I think the best thing your daughter can do is go to her employer and say she did have a warning when she was 16 (and explain the situation) and she said she had nothing to declare as she didn't realise that it stays on an enhanced CRB

Savvy_Sue

I'd just like to stress again that within each employer / organisation carrying out CRB checks, there should be ONE person (or in a large organisation a very few people) dealing with this. It's therefore important to find out WHO THAT PERSON IS and go to them.

It won't necessarily be her line manager, but her line manager should know who it is.

If you tell your line manager and they are NOT the person who does CRB checks, then you have to both rely on the information being passed on to the appropriate person, AND for the information to go no further. Now I am astonishly discreet at work, but even so I really do not like people telling me things I do not need to know, in case I say something I shouldn't. And not everyone is astonishinlyg discreet - some are amazingly INdiscreet, and news of the OP's daughter's 'record' would be round the workplace in no time.

eamon

This topic an its unfairness was beaten to death in a previous thread. The protection of children & vulnerable adults is a worthy aim but CRB checks have failed as children & vulnerable adults continue to be abused. What CRB checking has done is create a culture of fear in business & organisations. Boxes are ticked and everybody involved goes home happy in the knowledge that they have done their job to the letter of the law. The spirit of the law and commonsense don't come into it.

We live in a sad society, maybe Dave's big society will ride to the rescue!

DVardysShadow

Savvy_Sue wrote: »

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.

http://www.nacro.org.uk/search-services/resettlementplushelpline/useful-resources/rehabilitation-of-offenders-act-leaflet,412,NAP.html

It seems that simple cautions and reprimands are spent immediately. This has been the case for a few years now [since 2008?].

As far as I can see, the current CRB disclosure [if it is a simple disclosure - and I don't think an Enhanced disclosure is justified for a Dental Nurse] is seriously in error because the caution should not be showing. OP's daughter has almost certainly been seriously wronged by the process, certainly this time and possibly last time if it was after cautions and reprimands were added to the ROHA schedule.

Savvy_Sue

DVardysShadow wrote: »

http://www.nacro.org.uk/search-services/resettlementplushelpline/useful-resources/rehabilitation-of-offenders-act-leaflet,412,NAP.html

It seems that simple cautions and reprimands are spent immediately. This has been the case for a few years now [since 2008?].

As far as I can see, the current CRB disclosure [if it is a simple disclosure - and I don't think an Enhanced disclosure is justified for a Dental Nurse] is seriously in error because the caution should not be showing. OP's daughter has almost certainly been seriously wronged by the process, certainly this time and possibly last time if it was after cautions and reprimands were added to the ROHA schedule.

sorry, you're probably right, only alll my experience is with Enhanced checks, which are legitimate in my line of work before anyone asks ...

I agree that for a dental nurse then a basic disclosure should be enough, although our opinion isn't really relevant if that's what the practice has done. Getting NACRO on side would be more useful. It's not as if a dental nurse or receptionist is going to spend time with patients in a room on their own, are they? The argument for enhanced checks on dentists and hygienists might be stronger: I believe dentists have misbehaved in the past.

capeverde

I suffered from this myself a few years ago, I had a record for shoplifting as a minor and was told at the time things dropped off your record when you were 18, but if you re offended after that, they would stay on. fast forward 25 years and I completed a crb form and replied that I didnt have a record due to the fact I believed it was wiped at 18. Imagine my suprise when it popped up and I was dismissed from my post. I was quite shocked as Id not put a foot wrong since I was 16. Anyway re your question, apparently up until I believe 2002 if you contacted the correct department, you could apply to have your record wiped on the proviso it wasnt certain serious offences, which I cant remember. This wasnt advertised and was stopped at I believe this time. However, you can now apply to have offences 'hidden', basically if somebody applies to do a crb check on you, it will come back as clean providing the police dont consider your offence to have a beaing on the position you have applied for. Basically if you stole a blackjack and are applying to work in a hospital it wont show, but if you were convicted of say rape and applied to work with vulnerable women, it would pop up immediately. Speak to the relevant force and ask them about this. I filled in the forms and its all been done.

blissfulbabe

It is perfectly possible to have a criminal record and work in areas where an enhanced CRB check is required. I work in education and some of the learners I have worked with have crminal records but have successfully found jobs in the child care and health care sectors or have gone to university to study nursing, physiotherapy, radiology and youth and social care, all of which require enhanced CRB checks. I also have a colleague who has a criminal record as she went off the rails at 16 but nothing since, and is working with with vulnerable teenagers and is an excellent teacher.

The trick is to be totally honest on any job applications. Your past history is looked at but the type of crime(s) and your behaviour since is taken into account. So, if you were stupid in your teenage years and committed non-violent crimes such as shop lifting but have no other instances on your record since, this is very unlikely to stop you getting a job where an enhanced CRB is required. Violent or very recent episodes are a different matter.

The one thing that is guarranteed to stop you getting the job or to get you fired from the one you have is to lie about your record if you are applying for a job that requires an enhanced CRB (so any job that involves working with children, vulnerable adults, the medical field, police etc) as 99 times out of a 100 any offences will show. This is because you are then considered to be dishonest. If you are not going to have an enhanced CRB then the normal rules about most crimes not having to be declared after six years applie.

Gordon_Hose

CRB checks only show up the people who got caught.

SpendlessKaren

If it was in 2004 and stays on the record for 5 years then won't it have disappeared anyway ?