Can i work in a school with a criminal record?

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  • tigeress289
    tigeress289 Posts: 300 Forumite
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    Hello All of you,

    I cannot thank you enough for taking to time to give your views and would like to bring you up to date. Saturday I received a letter from the head of the HR and my wife felt sick reading it. They had replied to a letter I had written in confidence to an ex offenders department within the council, and guess what ,they passed the letter straight to the HR. The letter is degrading in the sense,that I was nothing and they did not care. It did however state that I did not declare I had a criminal record, which I did and have a copy.
    What struck me was they stated I was self employed and in short that was the end of it.
    So I went to see a solicitor who is writing to them to get some answers.
    I then contacted NACRO, whom I had written to a week ago but had no reply. The person I spoke to listened and then started to tell me what to do. As I was speaking he was phoning the ex offenders department of the council to complain but they could not find the person. What was pointed out, is if I were in a court today the Judge would look on me as a person of good character because of the time past. Added to this, it transpires that the CRB was carried out by the HR and not the school as the countersignatory was from the HR. It now becomes a wrongful dismissal as the right procedures had clearly not been followed. I now have 2 parties acting for me and I now have to wait. It was pointed out that my offence was considered serious for a first time but it has no relevance whatsoever in the position I was working in. I also learnt that the Law is changing on CRB checks as everyone was applying for them and that is going to stop. But what was even better was the legal action information I learnt today which I can do myself against the HR. This is far from over. I have to say this but prisons work and there are some real scum that I am glad are in there. There is the odd innocent, believe me. But the worst part is that some are in there because its a better life inside than out. A roof over your head, 3 meals a day, clean clothes and friendship. Those who say its a holiday camp, have no love, real friends or family. There is nothing worse than losing you liberty or being able to do nothing when a loved one is ill or dies when your locked away. I started to write a book last year and I think I will restart it up again as this could be another chapter.
    Thank you all again and I will keep this updated as things happen. Weekend was down but today there is a light in the distance.
    cheers
  • poet123
    poet123 Posts: 24,099 Forumite
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    How can it be wrongful dismissal if you were either self employed or employed for less than 12 months?
  • tigeress289
    tigeress289 Posts: 300 Forumite
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    Hello Again

    Sorry to post so quick but just read a couple more and wanted to say something. When arrested I was 39 and my main work was building, I fell into computers by accident but had an idea that was brillaint and made a lot of money. I am 56 now and have been self employed since 1977. Working in the school, gave me security that I have never had and I loved it. When I write I put what I feel at the time but overall it is all the truth. I saw a totally different side to the police that dealt with me, they are a minority thankfully. It took me close on 5 years after coming out to get back to normal.
    When I first come home I used to tell or ask my wife if I was going or to use the toilet. I can tell you stories that are sad or funny but the truth is you have to get by the best way you can inside. You never want to get caught in the system because you become nobody.
    Once I get this resolved I will post with far more details and you can check information on the internet to see this really happened.
    Goodnight and will post soon

    cheers
  • tigeress289
    tigeress289 Posts: 300 Forumite
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    Sorry Again


    Wrongful dismissal can be used when the correct procedures have not been used. I am aware of the 12 month period and the Government are trying to increase that to 2 years anyway. But you still have rights

    cheers
  • dawyldthing
    dawyldthing Posts: 3,438 Forumite
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    interstellaflyer wrote: »
    This CRB check thing is complete rubbish, proper guidlines need to be in place and common sense applied by employers, all you need to do to get a criminal record is swear in public or be drunk and disorderly, this does not make you a bad person or a child abuser, yet it's enough to potentialy destroy a promising career as a teacher (for example), in all the cases of child abuse within the school and nursey environment the people involved have had clear CRB checks, this sugests the system doesn't work as all it does is discriminate against those who may have made a mistake in the past but nothing even close to child abuse, I'm just wondering what the Human Rights people have to say on this one.

    actually a lot of this is right as I know the isa has gone with the coalition coming into place http://www.isa.homeoffice.gov.uk/ and I do think in time that CRB checks will be few and far between. But I do think that there has to be a method to make sure anyone working with children is fully vetted, what that will be in future who knows
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • olias
    olias Posts: 3,588 Forumite
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    tigeress289 wrote: »
    Hello Again

    Sorry to post so quick but just read a couple more and wanted to say something. When arrested I was 39 and my main work was building, I fell into computers by accident but had an idea that was brillaint and made a lot of money. I am 56 now and have been self employed since 1977. Working in the school, gave me security that I have never had and I loved it. When I write I put what I feel at the time but overall it is all the truth. I saw a totally different side to the police that dealt with me, they are a minority thankfully. It took me close on 5 years after coming out to get back to normal.
    When I first come home I used to tell or ask my wife if I was going or to use the toilet. I can tell you stories that are sad or funny but the truth is you have to get by the best way you can inside. You never want to get caught in the system because you become nobody.
    Once I get this resolved I will post with far more details and you can check information on the internet to see this really happened.
    Goodnight and will post soon

    cheers

    'Coughbullsh1t':D

    Olias
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
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    tigeress289 wrote: »
    Sorry Again


    Wrongful dismissal can be used when the correct procedures have not been used. I am aware of the 12 month period and the Government are trying to increase that to 2 years anyway. But you still have rights

    cheers

    You can only be dismissed if you're an employee, which you are not!
  • Savvy_Sue
    Savvy_Sue Posts: 46,024 Forumite
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    tigeress289 wrote: »
    Added to this, it transpires that the CRB was carried out by the HR and not the school as the countersignatory was from the HR.
    That would be entirely normal. You have to carry out at least 100 CRB disclosure checks per year to be able to get them direct: everyone else has to go through an 'umbrella body' or similar. While your ID might be checked by the direct employer (in this case someone at the school), the form would be countersigned by someone at the umbrella body.

    And that would be 'HR' - presumably at the local council or education authority. The Disclosure would also go back to that body, not to the direct employer, but it is the employer's decision what to do with the information.

    I'm not sure what action you can actually take, given that you say you were self-employed, but if the Head has decided NOT to go against the advice of HR, I'm not sure how far you'll get with any of it.
    Signature removed for peace of mind
  • bestpud
    bestpud Posts: 11,048 Forumite
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    tigeress289 wrote: »

    Once I get this resolved I will post with far more details and you can check information on the internet to see this really happened.
    Goodnight and will post soon

    cheers

    This seems familiar...

    Have you posted here before, OP?
  • GavB79
    GavB79 Posts: 751 Forumite
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    Ah the wonderful world of CRBs.

    A couple of points from earlier posts:

    A person doesn't need to have a CRB in place before they start work, it just needs to have been applied for. The person should be supervised until it comes through. Though this certainly shouldn't take three months.

    It can be argued that builders DO NOT need a CRB to carry out work on a school premises. If an extension is being built, it is a building site and should be cordoned off as such i.e. out of bounds to the students and therefore no contact between builders and students should occur. In practice though virtually all contractors will be checked as most schools adopt a belt and braces approach to cover themselves.
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