criminal records bureau disclosures

[newmember]

In November 2007 I was charged with Section 39 Assault by battery. The case went to magistrates cort and I was found not guilty and commended by the District Judge for honesty.
I was required to resign my job as a care home manager in Aug 2007 before trial. The owner appeared for me as a character witness.
I was able to secure employment in care in Feb 2008 and my POVA Check (Protection of Vulnerable Adults showed nothing recorded.
However an Enhanced CRB check followed in March 08 and I was told my employment under 3 months probationery contract was terminated immediately without disclosing a reason and I received one week notice and all monies due.
I have since received an applicants copy of a CRB check-
Police Records of any convictions- Nil
POVA List Information-nil

OTHER RELEVANT INFORMATION DISCLOSED AT THE CHIEF POLICE OFFICERS DISCRETION-

This relates to I was arrested for suspicion of assault and that the complainant alleged an incident
The information cites I admitted the incident had taken place, but not as alleged.
I appeared before magistrates was found not guilty and the case dismissed.

The information says the complainant alleged assault- she did not . her husband appeared for me as a character witness and told the court his wife did not complain and they never at any time had wished to persue the allegation.
The police in court stated they had not interviewed her
The allegation was made to the police by a 19 year old care assistant who had been at the home two weeks and it was in fact the police who wanted to bring the case to court.

Thanks to the codisal on the CRB at the Chief Constables Discretion I cannot obtain employment in any sphere that requires an Enhanced or Standard CRB check.

Can anyone advise me of options, do I have a case against anyone, can I appeal to any source?

NEW

[New Judge]

If I�m right, newmember we had extensive discourse about this when the substantive matter to which you refer was in progress. I think I advised then that it was most unlikely that you would be convicted and was pleased to hear that you were not.

However, what you now tell us is very disturbing. If I understand it, on the basis of an unsubstantiated complaint made against you, you are now prevented for life from obtaining employment of your choosing. No matter that a court of law saw insufficient evidence to convict you of any offence: because a complaint was made, it sticks.

I find this bloody outrageous to say the least. I am surprised, but then, when I think about it and the way this country operates today, not so much so. After all, if fingerprints and DNA samples can be taken and retained from people who are not guilty of any crime, I don�t think there�s much chance that some scurrilous records held about one�s behaviour could be ordered for destruction.

But enough of my outrage, what is to be done?

I really don�t know. Since this is an officer of the government (the Chief Constable) who is the cause of this state of affairs there could be an argument under Human Rights Law, but I really don�t know under which article. The only thing that bothers me about your description of events is when you say �I admitted the incident had taken place, but not as alleged.

I�m not too au fait with the way in which these CRB records are compiled and what they are supposed to mean and I really cannot offer any advice. I think I said earlier that I would not want to be part of any profession that treats its practitioners so shabbily and I may be inclined to get out. But that�s not really the answer.

I think you need to seek professional advice.

[thebrainy123]

if im right, something like that would come up on an enhanced crb disclosure, as you were investigated,

however in terms of complaint not sure what you can do

you can get the police and courts to write you a letter to say you were investigate for the offence of blah blah blah on these dates and attended court and found not guilty.

before you apply for jobs, tell the interviewer, i was investigated for blah blah blah, it will show up enhanced disclosure but here is letter from police and court confirming i was found not guilty

what that comment basically means on the crb is anything else you can speak to chief police office to advise, usually they just refuse to comment which makes you look bad

they must do these letters for you, their may be a charge. the reason they have these things is cos if you were looking for a job in child care for instance, and you had been done for child trafficking but got off on a technicality for instance people would want to know about it

its a pain in the backside but look at the worst case scenario, it could happen

good luck

[newmember]

Hello New Judge
Thank you for taking the time to respond to my question both today and last year. I cannot state my appreciation enough.
I contacted my solicitor/barrister who represented me in the case this afternoon 4-30pm. I am unsurprised to confirm her disguist and indignation that despite my aquittal in a court of law of all charges, the Chief Police Officer, at his descretion has added an entry which almost if not diagnoses-"he was found not guilty of all charges, but we dont accept the verdict"

Not only as you confirm is my DNA on record, (Despite being assured initially it would be destroyed but my CRB check is blighted by his remarks under descretionery information.
I have been short listed for two jobs but will not have a prayer of success with this entry, As stated I had a contract terminated immediately when the CRB came through.
The solicitor believes a libel may have been committed but she only deals with criminal law. I have been told a partner in the firm deals with employment law but does not do legal aid and starts at �200 an hour.
Any suggestions-Ive got to get this entry expunged, I am prevented from continuing my career but at 60, unemployed again time and chances are limited
New Member

[newmember]

Hello thebrainy123

Thanks for the reply and input. Ive told two prospective employers the CRB entry- they will not touch you in care with a barge pole.
The entry also prevents-education, care, local government or any employment where a CRB check is mandatory