Dbs Wrong Or Am I Wrong Lol

[lparslow89]

hi
i'm new to this so please just answer politely and not be judgemental....ok so i'm currently working in a school kitchen which i love! the company i work for now and the headteacher were happy with my dbs result as i'd been honest and upfront from day dot, basically i was in a crap relationship with my ex who would knock me about a lot, i hit back once and he cleverly rung police on me and i ended up with a caution for common assault couldn't deny it as he had a mark, a few months later i had enough of him pushing me about, controlling me etc and i lashed out to the fact i was charged with battery, it went to magistrates but i was acquited as no evidence was offered, instead of future disputes we both agreed to a "non conviction restraining order" which has worked wonders as we get on better now for the kids! anyway i was never convicted, i have the order which clearly says "on aquital", a copy of courts record saying i was acquited and a letter from my solicitor saying " i have not been convicted, iv kept my good character and therefore do not have to declare anything to future employers". So when my enhanced dbs came back it showed the caution as to be expected but it also under the conviction part said i was convicted for battery!! the outcome says "order". i'm very annoyed as i was clearly not convicted everyone has said this! i even contacted the police officer that charged me who emailed saying " you was not convicted as there was no evidence given, i do not no why this is showing as a conviction"!
anyone have any ideas as in may i have to explain to my new employer (company being taken over) and raking up my past upsets me, i'm lucky to have my managers and the heads support, so yeah if anyone knows why it is showing this way it would be great! sorry for the essay!!

[Buenchico]

Phone [phone] (Mon-Fri, 0900-1700) to challenge the information given on your DBS certificate.

(Answer sourced from here: https://www.gov.uk/government/organisations/disclosure-and-barring-service - Scroll down to 'DBS certificate disputes')

[lparslow89]

iv spoken to the legal service department with the police, they said to speak to company called "acro" did that and iv filled out forms with supporting evidence so just waiting to hear back from them

[bednobs]

perhaps this person can help you?
http://www.theanswerbank.co.uk/Law/Question1527179.html

[lparslow89]

thanks for that, but after speaking with the police and courts today it seems they even have the wrong charge down! the disposal department with the police said it shouldn't show as a conviction so i have to query it

[lparslow89]

my solicitors letter even states no conviction etc the email from police said even he can't see why it is showing as a conviction as i clearly wasn't and the courts said i was dismissed, no evidence and a different charge to what was on dbs!

[Peter Pedant]

I am not sure if you understood BCs advice

go to the DBS site and scroll down to disputes and follow the steps there

You should retain the documents which show you were acquitted and make sure tha you keep copies or send copies and keep the originals - because documents get lost

You have a good case for a correction as from your post it seems you were never in a position of being convicted so records shold not show ( actually must not show ) you have

and yes you should succeed

you have to do this yourself and no one will do it for you but the CAB will assist

[lparslow89]

yea i understood it lol a dispute is already in place just waiting game now, it's annoyed me more than anything having all this paperwork saying otherwise but because i volentarily agreed to the order rather than a trial it seems to have gone on as a conviction! hopefully my evidence is enough x

[Peter Pedant]

and this

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/462317/DBS_FOI_1338.pdf

gives information on the disputes
basically the laws that say they must review disputes ( altho not change things just on the say-so of the party)

[Peter Pedant]

well their complaints procedure is here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/462317/DBS_FOI_1338.pdf
and if they follow it - it should work quite well

but you say also a dispute procedure is already in place ....
presumably with the DBS

in which case you sit back and wait...
what further advice would you be seeking from us ?

[lparslow89]

thanks for all your help!

[EDDIE51]

Read the question that bednobs gave a link to at 16.00
It is the exact same situation. I fact it is so near the same I think you are the same person that asked this before.
The answer is the same as I and New Judge gave to that question.
Because there is no other place to show it a restraining order is shown with 'convictions'
But an actual conviction would give the sentence under 'Disposal' as for example 'six months custody' or '20 Hours community service'
Yours gives 'order' as the disposal meaning you did not get a conviction but accepted a restraining order instead.
Anyone who has to deal with such things should know that 'order' means what I have just said.
However in your case you also had a caution for a similar offence just a few months before the restraining order.
In that case an employer may decide that a caution and a restraining order both for assault within a few months is too much of a risk and bar you from working in a school. It is not certain and it is up to the employer to look at each individual case on its own merits.
You will just have to tell then everything and hope they will allow you to work. But as I said it is up to the employer, if they decide the risk is too much there is nothing you can do about it.

[Peter Pedant]

I remember your replies Ed

however - if you were a holy choir boy singing like a lark and this was n the form
and when it came back - there was a tick under 'poisoner'

and when you asked - they said "Oh there isnt a box for Little Angel so we ticked Poisoner...."

You could appeal on the grounds the form wasnt fit for purpose and worse was misleading

[EDDIE51]

I do not agree TT. Both New Judge and myself agree that the word 'Order' to show the disposal of the case means that although the questioner was not convicted a restraining order was issued.
It is ONLY because the two parties agreed to the restraining order that iparslow was not convicted. She had to accept that the assault took place in order for the restraining order to be imposed.
She had a caution for a similar offence a few months previously, she did not learn from the caution and went on to commit a further assault, this time a restraining order was imposed.
As I said it is possible that a future employer will look at the record and decide that 2 offences of assault within a few months is too much of a risk to offer employment.
Remember, you have to accept the prosecutions case and plead guilty to be offered either a caution or a restraining order!

[lparslow89]

would help if u read my post properly, i am already employed with a school and the company im with now are fine with it because i explained it was domestic, i also had the caution a couple of years before the restraining order was given mint a few months!

[lparslow89]

eddie51 i think you are way too judgemental! u say i didn't learn from my caution well try putting yourself in my situation when u are hit on an everyday basis and there's only so much u can take! so please don't judge me, also not once did i agree to the assault just the fact i didn't want to stand through a trial and it was the easiest option, my solicitor said it wouldn't show on my record as a conviction so somehow someone is wrong! may i ask how you know all this info??

[Peter Pedant]

goggle ' do cautions show on enhanced DBS '
and you will see that not all do

so it looks as tho you have grounds for complaint/appeal/review

you went thro the police legal department
( so you have already had the run around - oh it is not us, it is them ! ) and in case any ABer is wondering what acro is it is here

https://www.acro.police.uk/

so I still think you wait and see

[nice to know if you get a skewie police print out - what to do. it is a 'dynamic' system ( = changes a lot ) and that means that it is expensive to maintain and up to 20% ( what really ?) entries may be inaccurate]

thx - keep us informed

[lparslow89]

also you say i had to plead guilty to get the order well again this is wrong because not once did i even go into the court room and face a judge and the order quite clearly says given on aquital and the court records say dismissed

[lparslow89]

peter pendent im not sure why u have said about whether cautions show on dbs? i havnt asked that question and i already know that they do for 6 years so bit lost

[Peter Pedant]

// may i ask how you know all this info??//

all of us on AB have led interesting lives - perhaps even now! - BC ran a wills-writing service and Barmaid a barrister so the quality of advice ( altho free ) is higher than you may expect on the internet - o there is a director of a CAB lurking out there.

[Peter Pedant]

sorry scrub all that

got confused - you were saying that the form had shown things that didnt happen

and then you said O I have a caution

which confused me as that may show up on the form .....

sorry about that - may butt out of this thread ....