DBS enhanced check for NHS

I was interviewed this month and offered the job on the spot, it's working mostly around but not directly with vulnerable adults, any contact I do have with them will always be under supervision for my own safety.

Employments checks have all been completed and I'm now only awaiting my enhanced DBS which should take around 2 weeks. It's past the countersigning on trac and now under review. They're hoping to have me started by the first week of June.

When I was 14 (2008) I was given a reprimand(?) for assault. It was only classed as a minor conflict due to the motive behind it (I hit one of the people who SA'd me 2 days prior, whilst at school, so it was documented as retaliation). I was then told it would be removed from the system after 2 years. I have never been involved with the police before or after this incident, other than as a witness.

On my application I put I haven't had any cautions or convictions (which is correct?). It's been playing on my mind since, have I messed up; does this still count?

I've been reading online that new filtering laws were ruled in 2022 and I've learned that ABH is a "specified offence" which isn't filtered, but different sites are saying different things:

Unlock.org -

  1. "Reprimands, final warnings and youth cautions are no longer disclosed: Regardless of the offence, reprimands, final warnings and youth cautions are no longer disclosed on any DBS check."
and
  • "Reprimands, final warnings and youth cautions (including conditional cautions) received when under the age of 18 will be removed from standard and enhanced checks immediately, regardless of the offence. This means that even if your caution was for a specified offence it would still be removed."
Gov.uk -

"Standard and Enhanced DBS certificates must always include the following records no matter when they were received:

  • All convictions for specified offences
  • Adult cautions for specified offences
  • All convictions that resulted in a custodial sentence

An ‘adult’ is any individual aged 18 or above at the time of the caution or conviction. A ‘youth’ is any individual aged under 18 at the time of the caution or conviction.

A ‘specified offence’ is one which is on the list of specified offences agreed by Parliament which will always be disclosed on a Standard or Enhanced DBS certificate where it resulted in a conviction or an adult caution. Youth cautions for specified offences will not be automatically disclosed.

Any cautions (including reprimands and warnings) and convictions not covered by the rules above are ‘protected’ and will not appear on a DBS certificate automatically.

Cautions, reprimands and warnings received when an individual was under 18 will not appear on a Standard or Enhanced certificate automatically."

--

Will the police have to hand the reprimand information over as the position is "exempt", or will they let it pass as I'm now 30 with no other reports? Or shall I withdraw my application to save any hassle and confrontation? This is a sector I'm hoping to expand into a career.

Thank you


Comments

  • XxDarkMarioxX
    XxDarkMarioxX Posts: 86 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    edited 18 May 2023 at 6:14PM
    I would not worry about it because we make mistakes in life and if it’s been removed from dbs check then nothing to worry about and would carry on with your new career. Don’t think your new boss wants to know that you hit someone at age off 14. Your an adult now and most important is that you not had any other dealing with the police since you become an adult. So carry on with this job and don’t withdraw it 
  • marcia_
    marcia_ Posts: 3,146 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 18 May 2023 at 6:27PM
     According to what you have quoted the dbs wont show it. 

     I wouldn't worry about it, i received a caution age 17 and it doesn't appear on an enhanced dbs 
  • Diamonds93
    Diamonds93 Posts: 7 Forumite
    First Post First Anniversary
    Thank you for the replies, I'm really hoping so!

    The only thing that is scaring me is that the offence is legally classed as "specified" on the list which theoretically, should be visible, unless it definitely is adults only. And the police have the authority to disclose it if they deem it to be a risk in work.

    After my interview/offer, the manager and I spoke for a while. I mentioned vaguely about running off the rails after the incident (not mentioning the assault) and have since been healed for many years even referring to it as my previous life, and that I was wanting to leave retail to actually do some good in life; helping others with the journey of coping with grievance/MH/trauma. She seemed happy enough with with my character to give me a tour of the unit and the offer of future drop-ins during the process.

    My previous job had a basic DBS (apparently) and I also worked along side a vulnerable team member, dealing with very challenging people (customers and thieves) and I didn't pose a threat to any of them, also gaining 2 promotions whilst there, so they clearly saw the good in me
    .
    My area manager posed as my referee, which they clearly approved of too granted how in-depth the reference needed to be.

    I just don't want my young actions to dictate the rest of my life as I have already ruined my crucial schooling years from them.
  • SkyyeBlue
    SkyyeBlue Posts: 35 Forumite
    10 Posts First Anniversary Name Dropper
    A reprimand isn't a caution or conviction, and although AOABH is a specified offence which currently isn't filtered after the specified times; it's only convictions and cautions recorded on PNC that would be automatically visible on a DBS enhanced certificate. The information may be assessed for release at the relevant police force, but has to be shown to be relevant, true and proportionate for release onto a certificate. Your description of events would suggest it isn't likely to be proportionate for release to an employer.
  • Diamonds93
    Diamonds93 Posts: 7 Forumite
    First Post First Anniversary
    That is very reassuring Skyye, thank you!

    The info on the PNC is saved for 100 years is it not? Or do you mean offences which are actively unspent and spent after a certain time-frame?

    So having not re-offended has shown that it isn't a true representation of my current character, giving no need to disclose thus will go in my favour.
  • SkyyeBlue
    SkyyeBlue Posts: 35 Forumite
    10 Posts First Anniversary Name Dropper
    https://www.gov.uk/government/publications/dbs-filtering-guidance/dbs-filtering-guide

    'Youth cautions, warnings and reprimands will not be disclosed automatically on a Standard or Enhanced DBS certificate.'

    Your application may be sent to the police force in which you received your reprimand, it'll be assessed and (based on what you have said above) probably be discarded as not relevant or not proportionate to disclose.
  • Diamonds93
    Diamonds93 Posts: 7 Forumite
    First Post First Anniversary
    I have received my tracking and it says Stage 3 (barring lists) is not required  o:)

    This has confidently put me at ease.

    Thank you for all of your responses, guys!
  • Diamonds93
    Diamonds93 Posts: 7 Forumite
    First Post First Anniversary
    The DBS was completed yesterday. It shown "blank, no information" and I received my unconditional offer/start date today :)

    Thank you all for your reassurance!
  • marcia_
    marcia_ Posts: 3,146 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    The DBS was completed yesterday. It shown "blank, no information" and I received my unconditional offer/start date today :)

    Thank you all for your reassurance!
     Well done hope the job is good 
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