Enhanced CRB check advice needed! (Care Assistant)

Twilighter

Hi everyone,

Need some advice for a friend. I'm doing this on her behalf as she doesnt know her way round a computer and hasnt discovered the wonders of the 'world wide web'.

Basically to cut a very long story short - my friend is a care assistant, and in her previous job she was dismissed on a alleged offence.
A strip of high blood pressure tablets were discovered missing on her night shift, she was suspended then later dismissed.

My friend was arrested for questioning at the police station, and no charges, cautions or warnings etc were given. She was sent on her way. There was no evidence to even suggest she stolen them. The constable even came to see my friend and said you employer is using you as an escape goat to cover up their Negligence. I would advise you to see a employment solicitor and take it further as its definitely unfair dismissal. The constable also said his police officers did find it strange that the care home manager asked them not to arrest my friend, but because it was a allegation of theft it was now in the hands of the police.

The thing is there was no evidence suggesting she stole them, the drugs trolly is always unlocked and unattended, and the drug count isnt done on a day to day basis, so these strip of pills could of gone missing over a 48hr period.

My friend did what the constable advised her to do, but because she only worked for them for 10months she couldnt take them to a tribunal as law states you have to work for a company for 12months plus to do so. The solicitor said it sounds like they got rid of her so the home dont get into trouble for there Negligence as they could of got into some serious trouble and they knew my friend wouldnt be able to take action against them. So it was easier to dismiss my friend.

This situation did put her off caring for the elderly, it shook her up as she has never been through anything like this before but now she is ready to put all that behind her and continue her career in caring - a job she loved and was brilliant at.

My question is - Will this show up on a enhanced CRB check?

Thanks in advance

caeler

No. She has no conviction. She may however struggle with her employment references.

Twilighter

caeler wrote: »

No. She has no conviction. She may however struggle with her employment references.

Well in her appeal hearing the manager off record in front of care home owner and said "I would reinstate you today if im honest and have you working tonight's shift but I cant make that call." Once my friend put her side across in appeal meeting the owner said after speaking to their "legal team" that they unfortunately have to dismiss her and her manager said "I will give you a reference if you need one as I cant say anything bad about you work as you are a excellent carer."

I was at the appeal meeting with my friend at the time as a witness and you could see the manager didn't want my friend to be dismissed but the owner of care home had other motives because the home could of got done for negligence. My friend paid for there mistake. Very sad tbh. Its awfull.

jess1011

Thats awful! It wont show on an enhanced CRB as there were no cautions given, on another note that care home needs to be reported before they kill one of their residents through sheer negligence!! As a nurse myself, drugs (controlled drugs) should be counted at the end of every shift by the nurse finishing and the nurse starting shift, this should all be recorded and signed. All I can say is this clearly isnt an NHS care home!

Well done to your friend for putting it behind her, good luck to her!

Twilighter

jess1011 wrote: »

Thats awful! It wont show on an enhanced CRB as there were no cautions given, on another note that care home needs to be reported before they kill one of their residents through sheer negligence!! As a nurse myself, drugs (controlled drugs) should be counted at the end of every shift by the nurse finishing and the nurse starting shift, this should all be recorded and signed. All I can say is this clearly isnt an NHS care home!

Well done to your friend for putting it behind her, good luck to her!

Thanks for your response. Its definitely awful. I couldnt do the job my friend was doing and knowing what she had to do I think its disgusting carers only get minimum wage.
She has been offered a carers job subject to enhanced CRB check so fingers crossed it will be clean. If it does show up that will be so wrong on so many levels. She was innocent, her name was cleared by police, so it will be disgusting if that showed up.

creditcardhelp11

Although, no conviction or caution was given the offence can be stated on an enhanced CRB check by the Police Station involved (via the chief police officer). As the person appears not to have been arrested on suspicion of a crime against a vulnerable individual then it is likely that the chief police officer will not think that should be included on additional information. Moreover, I suspect that the employer in your friend’s previous job will have referred this allegation to the POCA register (now Safeguarding Vulnerable Adults). I advise that your friend gets a subject access request and sees what information if any is held on the Vetting and Barring Scheme. Regarding the enhanced CRB this is not certain it is just my opinion and depends entirely on the local police station. In experience if the person was arrested and even when not charged or convicted an alleged offence against a vulnerable person it will be included on an enhanced CRB at the discretion of the Chief Police Officer. This does not mean the person will not get the job just that they will have to explain the situation.

bluelight

The home needs to be reported. The loss of blood pressure tablets is a serious matter as they are classed as DDAs (Dangerous Drugs Act), the term healthcare professionals use to denote prescription-only drugs. I am surprised the police did not report the home.

Your friend is not barred from suing the care home for wrongful arrest and unlawful detention. The police could also prosecute the care home and its management for Making a False Report and Wasteful Employment of Police.

They can also be prosecuted for failing to comply with the Dangerous Drugs Act. If any Controlled Drugs were in the trolley (which they should not have been), then that is a very serious matter indeed and must be reported and the necessary action taken.

CRBhelp

I Agree on this case, although it should not show on the CRB check it still could be disclosed once checks are run against the IPLX (Local Police forces).

If the home had a case then they are legally required to have reported the individual and not just dismissed them which is an offence in itself. I am also confused as to why they could not take the person back on if they were proven innocent and would seek further advice on this basis, because it sounds like they are just being advised to get rid of her to save themselves time, money and hassle.

If I were you friend I would pursue this and carry out a 'Subject access' request to ensure that there is nothing recorded which would interfere with their work in future jobs.

Best of luck

Charityworker

I do enhanced checks with the charity I work for an unfortunately things like this do pop up regularly even if someone was only suspected of doing something.

dandelionclock30

It could go on the crb under the any other information bit, a person doesnt have to have committed a crime for it to go on there.I would contact the local police force and ask them what if any information they had and if it would go on an enhanced CRB.
Also this lady will have to tell the new employer why she was let go from her old employment so even if theres nothing on her CRB she will still find it challenging to get another job in this field on the back of a dismissal.
If she has been barred she would know about it as she would have been informed and its a crime for a barred person to seek employment with vulnerable groups.

Twilighter

Hi

Thanks for all the replies

My friend wasn't put on the barred list for vulnerable adults and children. She has a letter from ISA confirming this.

We also went to the police station she was took too, spoke to an officer and the policeman said it wont be on there as she wasn't charged, cautioned, warned, or bailed etc.

I suppose my friend will just have to wait for her enhanced crb to come through. It would be disgusting if its on there.

The employment solicitor said "the company are using my friend as an escape goat so they dont get done for negligence" he also said " your employer would of known you couldnt take them to a tribunal".

My friend when she was been interviewed by the police told them they have the drugs trolley unlocked and unattended day and night, that she has swept loose pills off the floor, handed them to a nurse, and the nurse just throws them in the bin not even recording the loose pills on the floor....she also told the police they have on afew occasions left morphine onto of the drugs trolly!
My friend doesnt know the outcome what happened next, but the police were informed and they was going to investigate further