Independent Reviews of Enhanced Disclosure Delayed

04 October 2013

A year ago, the procedure for objecting to Enhanced Disclosure was improved by the appointment of Independent Monitors at the Disclosure and Barring Service(DBS)formerly Criminal Records Bureau(CRB).

Applications for Review are sent by the DBS to the Police for their comments and the Monitor then reviews both arguments.

The Police have a timetable for replying but due perhaps to shortages of staff, they are not always responding within the specified periods.

Unfortunately, there is no sanction for these delays and therefore any remedy for an Applicant can be put off indefinitely.

A sweet thank you from a client..

24 October 2013

Another Successful Appeal Approved by Independent Monitor

31 October 2013

Following the Soham murders, changes were made to the criminal records disclosure procedures so that the police could disclose any information of which they have knowledge, which they felt was relevant to the job being applied for, and, which they thought should go on someone’s record.

This can include malicious allegations, where an individual was merely questioned but never charged, cautioned or convicted. It can include cases where clients were actually found not guilty after a trial, and yet still have the allegation raised on their criminal records checks.

Thankfully a year ago the appeals procedure was changed so that appeals are not dealt with by the police who wish to put on the allegation, but by an Independent Monitor.

Unfortunately, many people affected in this way are unaware of the appeals procedure, and we wish to mention a recent matter to show how well the new system can work.

Our client suffered a vicious attack herself as a result of which she suffered mental health problems, involving self harming, but she has NEVER hurt anyone else . However, she had on occasion, been taken either home, or to hospital by the police.

As a result, she was suspended from her university studies by the University Fitness to Practice Panel.

With the help of her doctors, and much effort on her part, she is now on the road to recovery and her University have allowed her to return to her studies.

However, despite that, the local police force still felt it necessary to disclose all her medical background on her criminal record certificate, in this case relating to an application to volunteer to help old people.

CRB Problems Ltd, prepared and lodged an appeal and the new Independent Monitor has just, (and very promptly), authorised the removal of all these matters so that our client can move on with her life and career.

She will need further criminal records checks as her studies and career proceeds, but, she is delighted that she is able to move on. This shows how the new system can effectively balance protecting the vulnerable without ruining an individual’s career

Changes to CRB Problems Website

29 November 2013

In view of the many changes to the Law and procedure regarding criminal records problems over the last year, we are currently in the process of updating our website to incorporate these changes.

This should be completed before the end of this year.

In the meantime, If you have any specific questions in relation to these changes please contact us.

Scottish Law

06 December 2013

Scotland has always had a separate legal system from that in England, Wales and Northern Ireland.

Although the Scottish Government is considering the new filtering off rules brought into force in England and Wales this year, they have not as yet, changed their Law.

By way of example, a Scottish conviction would automatically appear on Scottish Criminal Records Disclosure when proposing to work with vulnerable adults or children. However, if you apply for the same job in England or Wales, the Scottish Conviction counts as a “foreign conviction” and it is up to the Police to decide if they wish to disclose that conviction as Enhanced Disclosure – but if they do, you can appeal against it.

Delays in New System for Appealing Unproven Allegations on CRB Certificates

13 December 2013

A new problem has come to light in the Appeals procedure against unproven allegations on CRB Certificates under Enhanced Disclosure.

Appeals are lodged at the DBS and then sent to the relevant Police Force who have the choice of them removing the disclosure, offering to amend it, or insisting that they still want it disclosed and providing an explanation as to why they do.

The Applicant then has the choice of going to the Independent Monitor to review the Police proposals.

However, the Independent Monitor can only be instructed once the Police have replied. If the Police do not reply the whole procedure comes to a stand still.

We are taking up this problem with the relevant authorities – watch this space.

Filtering Off News

13 December 2013

The Government has now published the complete list of offences which will never be filtered off any criminal records checks.

It is now possible to be certain whether your Caution, Reprimand or Conviction will or will not be filtered off.

Please remember that filtering off only applies to criminal records checks for employment purposes in this Country, and, that your Caution or Conviction may still need disclosing on applications for visas to go to some countries.

However, whether an offence is to be filtered off or not, it may still be possible to apply for your Caution or Reprimand to be removed.

Please contact us for your free and confidential advice.

Supreme Court News

13 December 2013

The Supreme Court has this week heard an Appeal from one of this years Court of Appeal cases dealing with the length of time a Caution will remain on your record.

It is anticipated that The Supreme Court will give it’s Judgement in the early Spring of 2014.

We will keep you updated

Common Law Offences And The New Filtering Off System

19 December 2013

Under the new filtering off system, serious offences will remain on your CRB Certificate indefinitely.

There are now over 1,000 offences listed in detail as too serious to be removed.

If you were Cautioned or Convicted of a Common Law offence, it is more difficult to check if this will remain on your record.

If there a Statutory Offence on the published list detailing the same offence as you were charged with under Common Law, the Common Law offence remains on your record.

This is a complicated system, please enquire if you have any concerns.

Changes to the Way Police Record Incidents

07 January 2014

The Government has proposed changes to the way in which the Police record the reasons why they have not taken action on certain allegations.

The Police will in future, be required to specify one of over a dozen reasons why action was not taken.

This should be of benefit both to the Police and individuals.

Help at Police Stations for the Mentally Ill

07 January 2014

The Government has just announced plans to put Nurses specialising in mental health problems in Police Stations in ten different areas as a pilot scheme.

This should help protect a lot of mentally ill people from being criminalised and ensure that they get treatment sooner rather than later.

More Cautions Removed

13 January 2014

Thanks to the Metropolitan Police who removed Cautions from the records of two of our clients last week.

In the first, a Caution for shoplifting was removed because of both procedural arguments and the individual circumstances.

In the second, a minor dispute with a former partner resulted in a Caution for Section 47 Assault which would not be filtered off under the new rules.

Every case is different – for your free confidential advice please contact us.

Children and Adult Barred List Investigations

20 January 2014

In many cases, the Disclosure and Barring Service (DBS) are considering and investigating whether to put Applicants on either the Children’s or the Adults Barred Lists.

This usually occurs when an adverse entry appears on a Criminal Records Certificate.

Please note that in addition to applying (where appropriate) to remove that adverse entry, it is possible to put forward representations to the DBS as to why the Applicant should not be on any Barred List and we have recently successfully done so on a number of occasions.

If you have any queries please contact us

Filtering Off and Visas

28 January 2014

Although the new filtering off system may mean that old Convictions or Cautions do not in some cases need disclosing on job applications, and, will not come up even on Enhanced Disclosure Certificates, these old matters still remain on your PNC record and may need disclosing on applications for Visas for instance to visit the USA.

It is possible to apply for a waiver of Visa restrictions but please be aware that it can take 5 months for the American Embassy to process waiver requests and there is no guarantee as to the outcome.

To improve your prospects of a successful application, it may be possible to apply to remove a Caution or Reprimand from your record altogether.

Please therefore do not book flights until you can be sure that you have a Visa.

If you think you may have a problem, please call for our initial free advice.

Stress Related Disputes Can Be Removed From Enhanced Disclosure

29 January 2014

Congratulations to Surrey Police for not putting a stress related family dispute as Enhanced Disclosure.

Please note that there are new guidelines to assess the risks caused by mental health related problems.

Our client is now able to return to work and comments

“thank you so much for your help and support during this stressful time”.

Reforms to Help Reduce Re-Offending Just Announced

14 February 2014

On 13th February 2014 the Government announced further reforms to the Rehabilitation of Offenders Act to come into force on 10th March 2014.

This will result in people with convictions having to wait less time before those convictions are considered spent and should help many people get back into work sooner.

Please note however that people who need Enhanced Criminal Records Certificates in order to work with vulnerable people are not helped by this change.

If you have any queries please contact us.

Working With The Police

25 February 2014

Our client had received a Reprimand as a result of a minor incident at school and was therefore unable to follow his dream of joining the Police Force.

Following our application, we were able to clear his record.

Mr X comments “Many Many thanks for what you did, without the removal of this Reprimand I would not have passed the vetting”.

Patience Pays Off

03 March 2014

Our client is a teacher who had 3 unproven allegations over a ten-year period disclosed on his Enhanced Criminal Record Certificate, and was unable to obtain work in this country as a teacher.

An initial application directly to the police a few years ago was unsuccessful in having this removed, but under the new appeals procedure, we were able to help our client to put in a new appeal, and he has just received a clear certificate

Mr X comments “it’s all down to your good work”.

We Cannot Win Everything But.........

04 March 2014

Although the Filtering Off Rules have helped remove some old Convictions and Cautions there are a number of serious problems which are not helped by this.

Please note that on 10th March 2014 the length of time you have to wait before Convictions are considered spent will be considerably reduced and we will detail those changes next week.

Those changes will not affect people who are seeking to work with vulnerable adults and children.

Where we cannot help, we will always give some advice to help promote your career.

Miss M says “I would like to thank you for your time. May God Bless you for your kind heart”

Changes to Rehabilitation of Offenders Act

10 March 2014

Changes to the Act come into force today so that old Convictions are considered spent earlier than previously. This enables more people to get back into work.

Police Warnings - The Good News and The Bad

14 March 2014

Last years filtering off rules apply to Warnings as well as Reprimands and Cautions.

A Warning will not be filtered off if the offence committed is on the DBS List of more serious offences.

If you wish to work with Police, they can consider your record/s even if filtered off.

Also, if you apply for a Visa to certain countries, you may need to disclose this, but if the Warning is removed from your record completely you will not need to do so.

If you have any queries please contact us.

Restorative Justice

17 March 2014

Many more Police Forces are using Restorative Justice to deal with minor criminal or anti social problems.

Following a recent incident between two school boys resulting in a minor injury, the matter was resolved by a Community Resolution rather than one party being given a Reprimand which could have affected him for many years.

Please note, that it is possible for the Police subsequently and at any time, to mention this Community Resolution as Enhanced Disclosure on a Criminal Records check.

Anyone affected please contact us.

Met Police Strip Search 4,638 Children

18 March 2014

Over the last 5 years The Metropolitan Police strip searched over 900 children a year aged between 10-16 mainly for drugs or weapons.

More than one third were not charged but their arrest could be disclosed on Enhanced Criminal Records Certificates affecting their future.

Nanny Clears Her Name

20 March 2014

A Nanny finally snapped after years of abusive by her partner and fought back only end up with a Caution for assault.

This stopped her from working but we have now successfully applied for this Caution to be removed from her record so that she can return to the work she loves.

As this matter has been removed from her record she can also now apply for Visas without having any problem.

Some Old Offences Can be Removed From Your Record

25 March 2014

In addition to the changes with regard to Filtering Off or Rehabilitating certain Convictions/Cautions, please do not forget that Special Application can be made to disregard some old offences which have now been abolished.

The three main areas covered are:-

Same sex intercourse with males over 16 yrs before the age of consent was reduced.
Gross Indecency
Loitering With Intent.

Please contact us for further details.

Fallon from the Archers Needs Our Help

28 March 2014

In last nights episode of The Archers, Fallon was given a Caution, but seemed unaware that this could affect her for years to come in getting jobs and applying for visas to go abroad.

She does not appear to have been warned as to these consequences and from what I heard, she was much too drunk to fully understand the implications.

We feel we could get this set aside and if Fallon wants to call we will give her some free and confidential advice on this matter.

Nigella Barred From US Over Drugs

03 April 2014

Nigella Lawson was recently stopped from boarding a flight from Heathrow to Los Angeles following her admission in Court last year that she had taken cocaine.

Following recent changes in the Law, many people with Convictions, Cautions, Reprimands or Warnings relating to drugs, can now get jobs in this country. However, the changes are for employment purposes only and do not affect disclosure of these matters when applying for Visas.

For free and confidential advice on clearing your record please contact us.

College of Policing Looks Forward

08 April 2014

The College of Policing Research Fair at Birmingham University on 4th April 2014 provided seminars on the increasing links between Police and academics on a range of subjects.

For example linguistic experts at the University are helping the Police track down anonymous perpetrators of on-line crime.

Most importantly, West Midlands Police are one of the Forces trialling the benefits of Mental Health Nurses in Police Stations to direct people with mental health problems for early treatment rather than criminalising them.

New Ministry of Justice Guidelines

09 April 2014

The Ministry of Justice has just published new guidelines which have effect from last year on the giving of Cautions, Fixed Penalty Notices and a New code for the CPS to consider when deciding whether to prosecute.

These new guidelines deal with some of the concerns and Court cases from recent years, but it remains to be seen how Police Forces around the country interpret and follow them.

Any queries please contact us.

Deputy Speaker Nigel Evans Acquitted

11 April 2014

The Deputy Speaker Nigel Evans was yesterday acquitted at Court of an alleged rape and other sexual offences.

It should not be forgotten that if he were to make an Application for an Enhanced Certificate, the Police can seek to disclosure these allegations even though he was acquitted.

CRB Problems can assist you in appealing against disclosure of such unproven allegations.

Caution for Assault Removed

25 April 2014

Our client who is a Carer had been unable to obtain work after taking a Caution following a domestic dispute.

Thanks to Thames Valley Police for promptly reviewing our arguments and agreeing to remove the Caution.

Mrs M is now over the moon as she can now return to the work she loves.

Your Criminal Record Can Affect All Your Insurances

29 April 2014

It has always been a general principle that you should advise your insurers when taking out any insurance policy of anything which may affect their decision to insure you. This has led to disputes when a claim is refused because the insurers have found out something you had not declared.

It is important that insurers should know the risks they are taking on and those being insured should know what they have to declare.

On 10th March 2014 the Association of British Insurers brought out new guidelines, indicating that many Convictions and Out of Court Disposals, such as Cautions should be disclosed. However, although they advise that spent matters need not be disclosed, the guidelines they provide as to when matters are spent, are out of date because on the same day, the Rehabilitation of Offenders Act was amended.

Some insurance companies may not make clear that you do not need to disclose spent matters, and if in doubt please check with your insurers or brokers or get other expert advice.

This disclosure now specifically relates to all criminal records and not just motoring matters.
If you require advice on this or on the prospects of clearing off Cautions or Reprimands, please contact us

Further Abuse in a Care Home - Time To Install CCTV Cameras?

30 April 2014

Panorama this week disclosed further incidents of abuse in a care home. The care home company has said it would start consulting on whether to install CCTV Cameras to try and stop this happening again.

There are difficulties such as obtaining residents consent to intrusions on their privacy and the Care Quality Commission has previously indicated that they were looking into this idea.

Is it time for carefully controlled trials on this ?

Doctor Cleared of Caution After Domestic Incident

28 May 2014

Our client was Cautioned for Common Law Assault after he pinched his wife on her arm during an argument.

We initially persuaded the GMC to drop an investigation into this matter and now the Metropolitan Police have confirmed that they are deleting this Caution.

Dr M says “I genuinely appreciate your sincere efforts in pursuing this matter, you have changed my impression about legal professionals. I found you a very kind human being who was interested in doing the best job for his clients, when everyone in the profession charges per minute spent, you provided your service at a fixed fee.

I think legal professionals have a lot to learn from you”.

Dentist Thanks David at CRB Problems

28 May 2014

8 years ago our Dentist client was found not guilty of an offence, but the Police wanted to refer to this unproven allegation on his criminal records certificate.

CRB Problems were able to persuade the Police to remove this allegation.

Our client comments…..

“It’s bad enough having negative content on your CRB Certificate and you find it difficult to move on with your life, you get too scared to apply for jobs and when you do, you have to explain yourself.

BUT, that is not the worse thing, the worse thing is that it is emotionally draining and you feel that prospective employers will judge you prematurely. You feel that it isn’t fair and there is nothing you can do about it.

Something terrible happened to me 8 years ago and even though I was acquitted in Court I had a record on my CRB Certificate and was told by more than one Solicitor “THERE IS NOTHING THAT YOU CAN DO”.

I was about to change the course of my career but with my record, you know how it is, people tend to believe something even if it is not true. We have all heard of the phrase “there is no smoke without fire”.

I then spoke to David Wacks at CRB Problems. One thing I can say is that he is as straight as a dye. He was really sympathetic and actually went out of his way to get to the bottom of my case.

When you contact David Wacks he opens a file and gets to work. He even phoned me up one weekend just to ask further questions and to keep me updated.

YESTERDAY, David phoned me and to be honest I thought he was going to say that we had not been successful. There was a pause and he told me the news. I was in tears when he said “you now have a totally 100% clear CRB Certificate”.

I cannot actually thank him enough for what he has done for me and if he can do it for me, then there is every chance he can do it for you too.

Dr Z

Mentally Ill Client Given Caution For Assault

30 May 2014

10 years ago, our client who was suffering from undiagnosed mental health problems was given a Caution for Assault which prevented her getting many jobs.

Following representations to the Metropolitan Police, they have just agreed to remove the Caution so that she can now get on with her life and pursue her career.

Proposed Slavery Bill Can Help Victims

06 June 2014

The Queens speech proposed a new Slavery Bill which will increase the penalties for traffickers.

However, many victims are arrested for involvement in either prostitution or drug dealing and find it impossible to make a fresh start.

A new Defence is proposed to help such victims avoid being criminalised.

I Am Not My Brother's Keeper

13 June 2014

When Enhanced Criminal Records checks are made either for the purposes of job applications or for fostering or adoption, the Police can disclose not only unproven allegations against you, but, also matters relating to people who have lived at the same address as you many years ago.

By way of example, a client was unable to foster because her brother, that she had lived with at the family home previously, had been convicted of an offence.

Anyone concerned please contact us for free advice

Criminal Record Will Affect Applications for Citizenship

16 June 2014

Any Conviction will affect an Application for Citizenship, but in addition, an Out of Court Disposal such as a Caution will result in problems.

Applications will normally be refused if a Caution occurred in the last 3 years. However, if that Caution can be removed from a persons record it will improve your prospects.

For further advice please contact us.

Supreme Court Declares Warning Unlawful

19 June 2014

Yesterday the Supreme Court declared a Warning given many years ago to an 11 year old for stealing a bicycle as unlawful.

This follows a European Court Ruling 18 months ago declaring the same principle on another case.

In fact, over the last year the Government has already extended the provisions of the Rehabilitation of Offenders Act so that more matters are considered spent at an earlier time. They have also brought in the filtering off system with the result that the Warning for bicycle theft would no longer appear on criminal checks anyway.

It is a puzzle therefore why the Government persisted in this Appeal when they had already decided to change the Law.

The full Judgement runs to 58 pages and we shall be considering its long terms implications and comment subsequently.

MP's suggest Criminal Records Should Be Wiped At 18

19 June 2014

A cross party group of MP’s and members of the House of Lords suggested that children who have committed “minor offences” but have now stopped breaking the Law should have their records cleared when they turn 18.

This review is not binding on the Government and would not in any event apply to serious offences.

It is intended to help provide a clean slate so that these children can put their adolescent problems behind them and progress to their chosen careers.

We will keep you updated on any developments.

Simon Weston OBE Inspires In Rochdale

26 June 2014

Falklands veteran Simon Weston enthralled an audience at Rochdale Town Hall for Armed Forces Week on Tuesday evening last encouraging businesses to employ army veterans.

He told that after his horrific injuries he was written off as unemployable but due to encouragement by friends and family he now manages or owns fourteen businesses and helps many charities.

He asked all businesses to join in the Armed Forces Corporate Covenant so as to help veterans in any way they can.

CRB Problems Ltd is delighted to assist the veterans into civilian work. Any service men and women instructing us with be given a 15% discount

Not Guilty Verdict Does Not Prove 100% Innocence

18 July 2014

A not guilty verdict does not prove 100% innocence!

Many clients are surprised that having been found not guilty of some charge, that the Police subsequently seek to make mention of the charge on an enhanced criminal records check.

In order to obtain a conviction a Criminal Court needs to be satisfied beyond a reasonable doubt that an individual is guilty. If there are reasonable doubts the Court should find them not guilty.

However, the Police only need to be satisfied on the balance of probabilities which is the Civil Standard of Proof, in order to seek to disclose the allegation on an enhanced certificate when that person is seeking to work with vulnerable people.

A few months ago the Metropolitan Police sought to disclose a serious allegation against our client, notwithstanding his previous acquittal. Disclosure would have ruined his career.

Following changes to the procedure for disclosing such unproven allegations, the Police wrote to our client indicating what they proposed to disclose and asked for his comments before adding it to his certificate. Thankfully, we were able to prove that the person making the allegation had made a series of unproven allegations against other people, and so was particularly unreliable.

The Metropolitan Police have just this month accepted our argument and our client has now received a clear certificate.

Please note however that there is now an Independent Appeals procedure should the Police insist upon disclosure so as to balance any disproportionate effects upon an individual and the protection of the public.

Do Statistics Mean What They Say?

22 July 2014

A Freedom of Information request showed The Metropolitan Police issued 29,560 Cautions last year, including many for wounding or GBH and sex offences.

Cautions were intended for lower level crimes, but these statistics need to be considered in perspective. Often people are arrested for more serious matters, but the evidence only merits a Caution for a lesser offence.

The statistics however often refer to the matter for which a person was arrested initially and make it appear that serious offenders are being treated too leniently.

The whole system of these Out of Court Disposals has changed and there are plans for further changes in the pipeline.

Watch this space..

GMP Police Commissioners Forum on Out Of Court Disposals

22 July 2014

Yesterday, we attended when Tony Lloyd, the GMP Police Commissioner, chaired a Forum on Out of Court Disposals.

There was a review of Restorative Justice including evidence from both the Police and an ex offender, whose life was turned around after meeting his victim.

The Police are now giving less Cautions and more community resolutions.

There are proposals for community resolutions to include more pro active steps to prevent repeat offender behaviour, such as a requirement to attend alcoholics anonymous.

Offenders who fail to comply with community resolutions will be brought back into the Criminal Justice system.

The Commissioner will be reviewing all the evidence so as to consider how best to proceed for the residents of Greater Manchester.

Sexting Cautions Last for Life

23 July 2014

A Caution was given today to two youngsters for texting indecent photographs (sexting).

The girl sent a photo to her boyfriend, who then forwarded it on to others when they split up.

As she was under age at the time, they have both distributed indecent photographs of an infant.

Although the Law was changed last year so that a Reprimand given to infants would be filtered off after 2 years, this does not apply to the list of serious offences never to be filtered which includes these Cautions.

These Cautions therefore will remain on their criminal records until they are 100 years old.

It may be possible to apply to remove them please contact us for further information.

Criminal Records Cause Visa Problems

25 July 2014

Many countries on visa applications require disclosure of criminal records even if they are considered spent or filtered off in this country.
By way of example, a caution, which was spent would not specifically be disclosed on a Police Certificate, which may state “No Live Trace” this indicates that there was in fact some old matter on someone’s records, instead of stating “No Trace” which shows a completely clear record.

Some clients have indicated that they did not mention such an old record and were granted a visa and had no problems but, people should be aware that a conviction could have been publicly disclosed in a newspaper and be accessed online by immigration authorities. Also, even if thorough background checks may not be made for a holiday visa, they would be if you applied for a work visa, or you wanted to emigrate to be with your partner/family.

If it was found that you had misled the immigration authorities for a holiday visa many years before, that could be considered more serious than the criminal record itself.

Under recent legal changes, it is possible to apply for certain cautions or convictions which are no longer illegal, for instance for gay consensual sex between those over 16 years old, to be disregarded, and, if that application is successful, the person will be treated in all circumstances as if the offence had never occurred You need not disclose it for any purpose and official records relating to the conviction/caution will be deleted.

If you have any queries please contact us for your free and confidential initial advice.

When Should Suspects Be Named By Police

05 August 2014

Should suspects be named by the Police as soon as they are arrested and even before they are charged, in order to encourage potential witnesses or other victims to come forward?

The Court of Appeal recently found in favour of such early disclosure despite the objection that the suspect would be stigmatised as a criminal, even if later the suspect was never charged.

A case is being appealed to the Supreme Court and may well end up in the European Court of Human Rights.
If the Police require further evidence, is it not possible to publicise an incident without mentioning an individual by name?

The Police may seek to disclose allegations against a suspect who is not charged but against whom they have some evidence, which they may disclose on an enhanced criminal records check, but then, there is an appeals procedure to ensure a balance between protecting the public and an individual’s rights.

We have successfully persuaded Police Forces to drop such proposed disclosure when we have shown that an allegation was malicious and/or unproven.

Had those allegations been publicised those individuals may have had their lives ruined and may never have worked again.

We will update you as this important case proceeds.

Another Teacher Cleared To Work

26 August 2014

Our client is a Teacher who was Cautioned in 2001 and was unable to get a teaching job in the UK resulting in him having to work abroad.

An Application was made by us to clear his record on the 23rd July. Within 4 weeks our Application was granted and our client can now apply to work again in this country.

Mr A says “there really are no words for what you have given me and my family. I will always be eternally grateful for your dedication and professionalism. I wish you many more years of continued success.”

Interpreter Cleared to Work For The Police

17 October 2014

Many years ago, following a dispute with a neighbour, The Police issued a Warning for Harassment to our client, despite her protesting that the neighbour was completely to blame.

Over the years she worked as an interpreter and translator for the Police and the Courts without problem.

The Metropolitan Police however recently started a new licensing system for sub contractors working for the Police and refused to licence her because of the old Warning.

Following our detailed representations, the Warning was removed and she is now licensed to work with the Police again.

Mrs S comments “I am soooo pleased, thank you so much for your hard work”

Taxi Passengers Safeguarded

17 October 2014

Earlier this year, as part of its deregulation proposals, the Government planned to allow unlicensed taxi drivers to borrow and use licensed cabs.

This week the House of Lords have thrown out this proposal making sure that passengers in taxis can only be driven by licensed drivers.

We Persuade DBS Not to Bar Care Worker

23 October 2014

Our client was on the probationary period in her new job when she was told that she would not be kept on because of vague and unsubstantiated allegations which were alleged against her.

They would not detail these allegations but shortly afterwards she received a letter from the DBS stating that they were considering barring her due to the same vague allegations.

Following our robust representations, the DBS have decided not to bar her.

Miss S comments “I believed from your first draft letter that you would succeed and here is the proof of all your efforts. I am so thankful for everything that you have done for me”

Proposed Changes to Caution Procedures

05 November 2014

The Government has proposed changes to Out Of Court disposals, such as Cautions, Reprimands and Warnings and will be testing them out with 3 Police Forces.

At the moment as an alternative to charging someone where there is sufficient evidence – the Police can choose between a Caution – with or without conditions – a Warning, or a Community Resolution.

For the more serious or repeat offenders, concerns have been raised that offenders were not being deterred and it is proposed that there should be strict conditions applied to the new Cautions and that if offenders are in breach of them they must be brought to Court rather than this matter being at the discretion of the Police.

Both the existing Cautions and forms of Warning are to be abolished, but instead for lower level problems Community Resolutions are to be extended, again with conditions, and rather than just a formal “slap on the wrists.”

One advantage of Community Resolutions is that unlike Warnings, Reprimands and Cautions they are not automatically disclosed on criminal records certificates so as to prejudiced people’s future job prospects, although they remain on the Police files in case the offender repeats that behavior.

However, a Community Resolution can still in the discretion of the police be disclosed on criminal records Enhanced Disclosure Certificates.

The detail of these proposals has not been disclosed as yet, but we shall be publishing further information as and when it is available.

Meanwhile, if any reader has any concerns about these changes please contact us

Another Caution Deleted

07 November 2014

A big thank you to Nottingham Police for deleting a Caution given to our client many years ago.

Our client is delighted as she is ready to start her new job and Miss N states:-

“You made the impossible possible for me. There are no words to describe how much respect and admiration I have for you. I will always be grateful to you for the rest of my life. Thank you for fighting my corner when other legal firms turned me away”.

Another Warning Removed

11 November 2014

Mental Health/Neurological problems are finally being acknowledged.

Thanks again to Nottinghamshire Police, who last week removed a Caution for a different client with a separate minor matter and now for removing a Warning given to our client for an incident at college.

Our client who suffers ADHD and related problems, complained regarding the behaviour of another student with more severe autism, but ended up with the Warning himself.

Following our representations this warning has now been removed.

A recent study has emphasised the need for conventional police interview techniques to be altered for people with autism. Meanwhile, trials are ongoing for Mental Health Nurses to be stationed at some Police Stations to ensure that people with mental health problems are treated and not criminalised.

Meanwhile, our client comments :-

“I’d like to take this opportunity to thank you for the time and efforts you have put in to finally getting this Warning removed. I’m absolutely over the moon that I will finally be able to continue my life as normal now without the worry of this Warning obstructing my future”.

GMP Commissioner Tony Lloyd’s Mid - Term Review

13 November 2014

Tony Lloyd, the Police and Crime Commissioner for Greater Manchester gave a mid-term review of his work to a public meeting which we attended, at the University of Manchester on 12 November 2014, before he answered questions from the audience.

He emphasised the need to deal with underlying problems. One of his priorities was dealing with domestic violence, which may be caused by alcohol or substance abuse , stress over financial matters etc and pointed to the success in Wigan, where the Police Station was in the same building as other services who may be able to help with underlying problems.

Similarly, for people arrested who may have mental health problems, provision has been made for hotlines from the Police to local mental health providers to get urgent advice, and a Mental Health Assessment Unit will shortly open in Manchester, so that people arrested, with such problems be assessed and then treated at an early stage rather than just criminalised.

He pointed out the need for long term work in bringing about cultural change within the Police Force, and invited one attendee with a specific concern to email him with details to investigate.

What information should you be given by the police before giving a taped interview?

20 November 2014

Up until the 2 June 2014, if you were arrested the police only needed to tell you the reason for your arrest before being interviewed. Sometimes they would tell you or your solicitor more detail, but they were not legally required to do so.

There is now a EU directive 2010/13/EU which has been implemented into UK law by changes to the PACE rules.
You must now be provided with information about the alleged criminal acts promptly and in such detail as is necessary to safeguard the fairness of the proceedings, and to allow for an effective exercise of the rights of defence.

The police are not obliged automatically to give this information, but only if requested, and the extent of disclosure rests with the investigating officer.

As usual with such changes, it remains to be seen how this is acted upon in practice, and it is not retrospective but it is a step forward.

Scottish Convictions and Filtering Off/ Rehabilitation of Offenders

08 January 2015

A client had two old minor Convictions which were both disclosed a few years ago on his Enhanced Certificate.

More recently, his new certificate only disclosed one matter under Enhanced Disclosure.

Further investigations revealed that the first Conviction which had been in England was filtered off but the second Conviction had been in Scotland and so does not count as a second Conviction to prevent filtering off, but, counts like any foreign Conviction which can be disclosed under Enhanced Disclosure. Any information disclosed under Enhanced Disclosure is appealable.

Had both Convictions been in England neither would be filtered off.

It should be remembered that Scotland does not have a filtering off process and has different periods of rehabilitation before Convictions are spent.

Applications for Enhanced Disclosure in Scotland may therefore have different results than those in England.

Any queries please contact us.

Job Application Forms Are Still Confusing

08 January 2015

An enquirer had a very old Conviction which was “spent” many years ago.

Her job application form asked if she had “any unspent convictions” and she quite correctly said no.

However, her Conviction was not filtered off as she had received a suspended prison sentence and this was disclosed on her Standard DBS Certificate.

Applicants for jobs should therefore make specific enquiries as to whether this information is required for a basic check when it need not be disclosed, or for a Standard or Enhanced check when non filtered off matters do need disclosing.

Any queries please contact us.

Restorative Justice Moves On

09 January 2015

Thanks to the Restorative Justice Council for their informative seminar and consultation yesterday hosted by GMP.

The RJC are seeking to improve standards of training and training courses to ensure that people are provided with the best help possible.

Music Teacher Has Enhanced Certificate Cleared

22 January 2015

Our client was arrested 5 years ago after an allegation of indecent assault by a pupil. He was never charged by the Police and the school did not institute any disciplinary proceedings, however the Police then sought to disclose the unfounded allegation on our client’s Enhanced Disclosure Certificate.

Following a detailed examination of the evidence, we were able to persuade the Police to withdraw the proposed disclosure.

Our client states:- “I just wanted to say a huge thank you for sorting this out for me so promptly, I would recommend you to anyone ….”

Problems With Filtering Off Convictions

28 January 2015

On 29 May 2013, the new Filtering Off rules were brought in so that people with one single Conviction did not need to disclose it even on jobs working with vulnerable people, and it would not be disclosed on Enhanced Certificates. This was made subject to a number of conditions:-

• If received as an adult, the Conviction must be more than 11 years old
• You must not have received a custodial sentence or even a suspended sentence
• The Conviction must not be for one of a list of serious offences
• You must only have had one single Conviction or all remain on your record.

In addition, if you have an offence filtered off and subsequently get any other Conviction, even perhaps speeding, the filtered off Conviction will appear subsequently on DBS Certificates as is never filtered off.

Our client produced a DBS Certificate showing two identical Convictions in 1995 for misrepresentation on a benefits form, and for which he received conditional discharges. He advised that he had only appeared once at Court and thought there had been duplication.

After extensive enquiries with the Magistrates Court, it appears he was Convicted of two separate but identical offences, committed on different days but dealt with at Court at the same time. He does therefore have two Convictions not one, and both will stay on his record indefinitely.

Likewise, a single offence for Common Law Assault would be filtered off, but if you happened to have been convicted of ABH, that would remain indefinitely.

There are a lots of conditions to overcome and anyone with queries please contact us for further advice.

CCTV and Taxi Drivers

04 February 2015

There continues to be public concern over potential risks to passengers from “rogue” taxi drivers. Equally, some taxi drivers have been subject to malicious untrue allegations by passengers who have misbehaved in the taxi, often due to drinking excess alcohol.

Installation of CCTV in taxis can provide assurance to both passengers and drivers and hopefully deter any inappropriate behaviour from either party.

It is unfortunate that such action is necessary, but with the Police themselves trialling the use of personal CCTV cameras and discussions on installation of cameras in residential care homes, this may become a necessary safeguard in the future.

Playground Fights Driving Up Crime Rate

10 February 2015

Schools are pushing up violent crime figures by reporting playground squabbles to the Police.

Sir Jon Murphy, Chief Constable of Merseyside said that “fights between boys or two girls pulling each others hair” were no longer dealt with by the teachers and parents and this is driving up the statistics on minor violent crime.

Sir Jon said “What has actually risen, and its risen sharply, is what is referred to as violent assault without injury”. He also states “When you and I went to school, if a couple of boys had a fight in the playground that would be dealt with by the school and if it was two girls pulling each other’s hair – that would never have been reported to the Police.

A whole host of physical interactions between people, sometimes it’s a punch where there’s no real injury are reported to the Police in a way that they never were”.

The Office for National Statistics said that violent crime was up 16% in the up to last September.

If you have any queries please contact us.

UK To Join The EU Crime Data And Security Alert System

12 February 2015

The Police will have access to records of more than 250,000 foreign criminals, including murderers rapists, paedophiles and terror suspects after the UK received approval to join the second generation Schengen Information System so that they can track such criminals from the EU who travel here to work.

It has always been the case that employers can requisition a Police Certificate from the country of origin of a foreign prospective worker or requisition a Disclosure and Barring Service Certificate on them, but if the foreign criminal works on a self-employed basis or is in a job where a DBS Certificate is not needed or requisitioned, then the conviction will not come to light until a later stage, if at all, and not when the individual enters this country.

It is important to note that foreign convictions (including those from Scotland) are not disclosed on DBS Certificates unless it is an Enhanced Certificate when it may appear as Enhanced Disclosure, but subject to appeal.

For any further information please contact us directly

Affray - Public Order Offence

17 February 2015

Affray is a Public Order offence, usually involving a fight in public by a group of people causing fear or concern to those in the vicinity, but it can in fact be used now when a fight takes place indoors.

It does have the benefit of simplicity when charging or cautioning everyone involved without going into detail of exactly who did what to whom.

A Conviction or Caution for Affray is considered a much more serious offence, than say a minor punch up where a person could be charged or Cautioned for Common Law Assault. As a result, a Caution or Conviction for Affray will not be filtered off criminal records certificates as a charge of Common Law Assault would be, and, anyone arrested for Affray should seek suitable legal advice either to defend this allegation, or perhaps to negotiate a lesser charge.

The present method of removing a Conviction for Affray would be a successful Appeal to a Higher Court, for those with Cautions, Reprimands or Warnings, however it is possible to apply to the Police to remove such an out-of-court disposal and if you require further information please contact us.

Google Removed More Than 250,000 links under the "Right to Be Forgotten"

17 February 2015

Google has removed more than 250,000 links following last years ruling by the European Court of Justice that individuals have a “right to be forgotten”.

We would remind readers the Police can seek to disclose on Enhanced Certificates details of people’s criminal trials, even if they are acquitted. It is possible to appeal this disclosure and anyone concerned should contact us for further advice.

However, should details of your arrest or trial be publicised in the media and appear on Google. You may wish to consider applying to delete these European links to this unproven allegation.

Differences With Enhanced Disclosure in Scotland

19 February 2015

Our client was given a Fixed Penalty Notice for Possession of Cannabis in Scotland which he paid immediately avoiding a formal conviction. However, the Police do have a discretion to disclose this as Enhanced Disclosure.

In Scotland this would be issued simultaneously to our client and his employer, whereas in the rest of the UK, due to recent changes, the client only would be advised giving an opportunity to object before an employer is made aware of the disclosure.

The Police throughout the UK will not make a decision on disclosure prior to receiving an application for a certificate, but can there be any benefits in writing to the Police in Scotland anyway in advance of a pending application?

Every case needs to be considered individually and if you require any free and confidential initial advice please contact us.

Torch with 1.5v "Shock" Considered a Weapon

06 March 2015

Our client made an online purchase from abroad of a small hand torch with a “shock” facility similar to the old fashioned electric hand shock toy.

The Police attended at our clients home address and took him to the Police Station where he received a Caution for Importing a Prohibited Weapon Pursuant to the Firearms Act 1968.

Thankfully we were able to persuade the Police to remove this Caution.

It should be noted that special care needs to be given when buying online and importing goods, pepper spray and other defensive items may not be illegal in their manufacturing country but they are illegal here in the UK. If you are unsure, we advise you make further enquiries.

Mr A said – “I was extremely concerned about the consequences of this Caution and am now very relieved that this nightmare is over. I am particularly indebted to David Wacks at CRB Problems for his friendly professional approach”

Teacher's Caution Cleared

10 March 2015

Our client received two Cautions as a result of domestic incidents where no one was injured. The Metropolitan Police have just accepted our representations and have agreed to remove those Cautions.

Our client, Miss A comments “this is amazing news, this will open up many doors in my teaching career, thank you so much for everything”.

Parents Call In Police to Control Their Children

11 March 2015

The Times on 10th March, headlined with a story emphasising that the Police were often the service of last resort when parents could not cope with their children’s unruly behaviour.

In the vast majority of such cases we have come across over the years, parents merely wish to scare their child into behaving better in the future thinking perhaps that the Police will merely give them a good talking to.

If however, the Police do give a Warning, or Reprimand, this can affect a child for many years, if not indefinitely, a matter the parents had not intended.

Please note however that it is possible to apply to remove these Out of Court Disposals and anyone affected can contact us for our initial free and confidential advice.

Can you be bailed indefinitely?

24 March 2015

Can you be bailed indefinitely?

There has been much publicity recently regarding people bailed for months on end ( or longer ) without charge.Clearly on some complicated/old matters the Police may need time to check out if there is enough evidence to charge someone or not.

However is it fair that people should have this hanging over them indefinitely?

The Home Secretary has today said that she proposes to change the law so that people should not be bailed for longer than 28 days without approval by a senior officer .However should there also be some further deadline beyond which a Judge’s consent is needed?

Is the Teacher Shortage Made Worse By Over Zealous Safeguards?

26 March 2015

73% of English Local Education Authorities complain of teacher shortages and 18% of LEAs say this shortage is at crisis levels.

Meanwhile, experienced and qualified teachers may be unable to work because of disclosure on enhanced certificates of ancient criminal records committed, sometimes not even by the teacher, but by family members who may not have lived with them for many years.

Likewise, over 300 teachers are presently suspended from teaching under the new guidelines because a family member or partner had recently committed a crime and are awaiting a decision by OFSTED to give them a waiver to continue teaching.

No-one disputes the need to protect our children but a fair assessment as to whether there is any genuine risk needs to be carried out in each case.
If you are encountering any such difficulties, please do not hesitate to call or email for our free and confidential initial advice.

Laws Over Giving Cautions Tightened Up

26 March 2015

The Criminal Justice and Courts Act 2015 limits the giving of Cautions for serious or repeat offences unless a senior officer considers there are exceptional circumstances.

Changes were brought in to avoid complaints that Cautions were being treated as a soft option for serious offenders.

These changes do not however address the problem of old Cautions continuing to affect people all their lives.

If you need free and confidential advice on the prospects of clearing your name and the way forward please call or email us

Another Care Worker Back in Work

23 May 2015

Unproven allegation from 2009 removed from Enhanced Certificate allows Carer get back to work.
Our client had worked as a Care Support Worker for many years without problems, when an unproven allegation was made that he had assaulted a resident with Mental Health problems, our client argued that he was acting in self defence and he was believed, but, then sacked for going to attend to this Resident without waiting for assistance. He was never charged by the Police let alone charged.

However the Police then insisted upon disclosing the incident (including the unproven assault) on subsequent DBS Certificates so that our client was unable to return to the job he loved for 6 years.
We appealed against that decision and the Independent Monitor initially decided against our client. The only subsequent appeal is to the High Court. However after pointing out an error in his initial report, the Monitor has now taken the exceptional course of reviewing his own decision and has just decided to remove the Enhanced Disclosure.

Our Client now has a job interview as a Care worker and comments “I would like to say a big thank you to CRB Problems Ltd, a few years ago I found myself in a legal situation that was out of my control. I tried every available avenue at the time but I always got the same reply that there is nothing that can be done just deal with it and move on, even though it was not my fault and no one would help me.

I then found CRB Problems Ltd – and they did what no one else was either willing or able to do, they solved the problem and gave me my life back. I was delighted with both the service and the outcome. I highly recommend contacting them for help if you have a similar situation.

Independent Monitor Clears Care Worker

06 June 2015

Our client worked for many years without problem as a care worker until a compliant was made of verbally abusing a patient.

The Police did not charge her but put the unproven allegation on her enhanced certificate, despite the fact that another carer working with her received a clear certificate.

The Police were unable to provide evidence in support of their allegation and the monitor has just this week cleared out client to work.

Another Nurse Cleared to Work

20 June 2015

Our client is an experienced nurse who was subject to disciplinary proceedings mainly relating to procedural irregularities and an abrupt manner. There was no question of criminal activities and the Police never even questioned her.

The Police then sought to disclose these non criminal matters as enhanced disclosure and the DBS also investigated barring her from working as a nurse.

Following a detailed examination of all relevant paperwork representations were made by us on her behalf resulting in the DBS deciding not to bar her, and, she has now also received a clear enhanced certificate allowing her to return to the job that she loves.

Mrs B says “I appreciate and thank you for all the good work you have done. Without you I don’t know what I would don”.

If anyone has similar problems please do not hesitate to email or call us for our free and confidential initial advice.

Problems With Police Bail

11 July 2015

At the moment an individual can be arrested by the police and given pre charge bail by them indefinitely without charging them and leaving that individuals life under suspicion and in abeyance pending some indeterminate decision by the police.

The problems this causes was highlighted last year by the arrest of Paul Gambaccini who was affected in this way for a year before being told he would not be charged but many lesser-known people are also affected.

Thankfully, the government has announced in the Queen’s speech proposed changes requiring the court to approve extensions beyond three months. The details of the changes have not yet been provided and we are assisting a client to raise questions via their MP to ensure a fair and comprehensive system, including hopefully, restrictions on disclosure of the arrest as enhanced information on DBS checks.

For anyone requiring further information on the possibilities of disclosure of unproven allegations please contact us

Carer Cleared to Work

11 July 2015

Our client an experienced carer was alleged to have verbally abused a mentally ill patient despite a lack of any evidence.

The Police however insisted upon disclosure of the allegation without charging her.

This was disclosed on her Enhanced Disclosure Certificate preventing her from working until we successfully appealed for its removal.

Mrs B says “I cannot express to you how overwhelmed I am to receive this good news. I would like to thank you for the help and understanding that your have shown me during this difficult period”

Nurse Cleared to Work Despite Malicious Allegations

11 July 2015

Our client was never questioned by the Police or his employers about an allegation of abuse made against him by his ex wife years after their divorce.

However, the unproven allegation was disclosed on his Enhanced Disclosure Certificate preventing him from working.

Extensive investigations by us showed that the allegation was unproven and completely unfounded.

Our client has now received a clear certificate enabling him to return to work.

Mr D says “Thanks very much for clearing my name and helping me put this behind me”

Teacher Cleared After Unproven Allegation

11 July 2015

Ten years ago our client was alleged to have assaulted a pupil. He was never charged but 10 years later the Police disclosed the unproven allegation preventing him from working.

Investigations disclosed discrepancies and weaknesses in the evidence against him and the Police agreed that the allegation was unfounded and removed it.

Mr T says “Thanks for clearing my name after years of problems”

2 Cheers For Cleveland Police

08 August 2015

2 Cheers for Cleveland Police –Teacher free to teach in UK again.

Our client is an experienced teacher who has had to work outside this country because in 2007 she reacted to provocation by her ex partner resulting in what at most, could be considered a minor assault.

She was however cautioned for ABH which is never filtered off criminal record certificates.

We applied on the basis of a number of legal arguments to have this completely removed and that application was initially refused, but upon the basis of our further arguments the Chief Constable herself Jacqui Cheer has authorised a change in our client’s record from being cautioned for ABH to one of Common Law Assault which is now filtered off our client’s criminal record certificate.

Due to the above change our client is now able to return to work in this country as a teacher without problems.

Our client Miss C says “thanks for helping me to clear my name so that I can support myself and my family”.

Independent Monitor Gives Hope To Carer

08 August 2015

Our client Miss N was a carer who admitted certain procedural/professional irregularities but denied committing any crime and was never charged.

The police sought to disclose unproven and unreliable allegations over and above those admitted.

Our client was advised that so soon after the incident it was unlikely that the admitted matters could be removed, however due our representations the unproven allegations have now been removed.

Our client Miss N. says that “I came to your company feeling totally beaten and powerless and had it not been for you, I would not have had the courage or confidence to continue and that without your support I would not have achieved some sense of justice and fairness that I can live with”.

She is now planning to apply for jobs.

Govt Publishes New Statutory Guidance on Enhanced Disclosure

27 August 2015

In August 2015. The Home Office published updated guidance for the police to follow when making enhanced disclosure. This is in general terms and incorporates previous guidance, court cases and previous areas of concern.

One particular benefit is clarification of the circumstances in which prior mental health problems should or should not be disclosed. It does incorporate best practice over the last few years and hopefully there will be fewer adverse disclosures but, we have previously had such disclosure removed and anyone with concerns could call for our free and confidential initial advice.

It is disappointing that there is no further guidance regarding the disclosure of convictions by the partners or family of completely innocent candidates.

In the interim some general guidelines can we feel be used to assist our clients and updates will be provided .

Trainee Theatre Nurse Cleared to Work

27 August 2015

Our client’s brother had been receiving counselling for a number of years for behavioural problems. In 2009 this brother threatened to smash up our client’s computer.

Our client threatened him with consequences if he did so, but did not lay a finger on him. His brother called the police and our client received a Caution for Affray – an offence which is usually used in connection with football hooligans and which, unknown to our client would have remained upon his criminal record indefinitely and destroyed his prospects of becoming a theatre nurse.

With our help, and the support of his family, we were able to persuade Essex Police to remove this caution from his record and our client starts training as a theatre nurse next month.

Our client Mr S. comments” thank you ever so much for your hard work in helping me to clear my CRB certificate. After speaking to 5 solicitors in the past, none of them were confident in helping me to clear my name, until I found your firm where I received a professional and honest service.

I was truly worried with the prospect of having this caution on my CRB check, where my future would have been severely blighted, but now can happily say I look forward to a successful career within the NHS as a theatre nurse.

I would have no hesitation in recommending you to any of my friends and family as I have complete trust in your skills and thank you again for all your help.”

Carer Cleared of Old Reprimand

27 August 2015

Many years ago when our client was still at school, he and a friend ran on to an empty building site to escape threats from a gang of youths. After this gang moved away our client childishly set alight a small piece of boarding left on the site.

Subsequently, they were each given a reprimand for damage to this board. Under the Criminal Damage Act, any criminal damage, however minor, if caused by fire is recorded as arson and the reprimand for that will last a lifetime both as regards criminal record certificates in this country, for applications for visas to go abroad and for any job application abroad.

Thanks to our persistence the police in Northamptonshire have taken the pragmatic decision to remove this reprimand from our client’s record so that he can make a fresh start.

Our client Mr B says “This is brilliant, I can’t express how happy I am thank you so much for all your hard work, I am truly so grateful”.

Teaching Assistant Cleared to Work

31 October 2015

Our client was a 16-year-old girl when in 2003 she reacted to persistent bullying from another schoolgirl, by finally hitting back after being insulted and slapped. Not only did she end up with a Reprimand, but one for ABH which would never have been filtered off her record.

Thankfully, we have just received confirmation that West Yorkshire Police have agreed to remove the record of this Reprimand altogether so that our client can now apply for jobs in this country and abroad without any worry.

Our client Miss H says ”I really appreciate your help and I’m very pleased that you maintained excellent communication throughout solving this case. Many thanks for all your help and dedication”.

Carer helped to get a job despite Police Record

31 October 2015

Our client was unable to obtain work because of 2 Convictions for very minor matters over 18 years ago. Unfortunately, the English/Welsh filtering off system states that if you have more than one Conviction, ever, including motoring matters, none of them will ever be filtered off.

We advised our client that under the new Scottish system, brought into force at the end of August 2015, that if these were Scottish Convictions, they would not be disclosed, but that if she applied for a job in Scotland it would be possible to appeal against the Convictions being disclosed there but bit in England and Wales.

Our client did not wish to move to Scotland but took our advice as regards the various mitigating factors in her favour and Miss P comments. “I had to email you as you have been a massive help. I got the job in the care home after explaining my predicament to them and they said that honesty is the best policy, and, because I had been upfront with them about it they gave me the job”.

Scotland Changes Law to Help People Into Work

31 October 2015

At the end of August 2015, the Scottish Law was changed so as to allow people with very old Convictions for minor matters to into work by filtering off these Convictions from their Disclosure Scotland Certificates.

Minor Convictions more than 15 years old will not be disclosed in future on Scottish Certificates, however many Convictions you have.

In England or Wales, if you have more than one Conviction none is ever filtered off.

Please note, that if Disclosure Scotland considers a job application for someone with English Convictions, there is a discretion to appeal against those being disclosed, whereas there is no discretion on a Certificate issued in England or Wales.

If you have any queries regarding this please do not hesitate to contact me.

Nurse Cleared to Work Following Caution for Domestic Argument

31 October 2015

In 2014 our client had an argument with her husband and after much provocation, she hit back causing him minor bruising.

The Police were called by a neighbour and our client received a Caution for ABH – which should never have been used for such a minor incident and which would have lasted indefinitely on our client’s record.

Following our Application to the Devon and Cornwall Police, they reviewed her case and removed the Caution.

Miss J says “How grateful I am to David in getting my Caution removed. This Caution stopped me from getting work as a Nurse and even for a training course. I had sought help everywhere else without success before coming across your website crbproblems.co.uk. David Wacks took on my case and had it removed within 3 months – I just couldn’t believe it”.

IT Expert Loses Job Because of Police Warning

12 December 2015

19 years ago our client received a police warning over a matter he completely disputed. He believed that it was just a slap on the wrists, and completely forgot about it until he was offered a job to help upgrade a police computer system and found that he was not given security clearance.
Thankfully after our appeal, our client has now received this security clearance and commented – Great News :)

Please be aware that the police do not need to get your consent before giving you a warning as they have to do when giving a caution, but the consequences unless and until the warning is removed, can be just as bad so if you have any concerns about such a matter please do not hesitate to contact us for our free and confidential initial advice.

In The Pipeline For 2016

12 December 2015

1. The result of a judicial review is awaited involving a challenge to the filtering off process in England and Wales under which no conviction is ever filtered off. If the person has more than one conviction – even if that second conviction is a minor motoring matter.

2. Three police forces have over the last year carried out trials using community resolutions and suspended prosecutions instead of cautions. Those results should be referred to the government for assessment shortly for them to consider whether to bring this system in nationwide. Community resolutions do not automatically come up even on enhanced certificates, and should the police seek to disclose the incident, it would be possible to appeal that decision.

3. We should begin to get information as to how the new Scottish filtering off system is working which differs in some respects from that in England and Wales, so that disclosure certificates in different parts of the UK may result in different decisions.

4. Consultations are to begin next week in Northern Ireland for a review of their Rehabilitation of Offenders procedures, and hopefully will benefit from the experiences, both good and bad of the systems in place elsewhere in the UK.

5. We anticipate that there will be a challenge by way of Judicial Review, to the procedures and guidelines under which disclosure can be made upon the person’s enhanced criminal record certificate for disclosure of the conviction of a third party, for instance, a partner or family member – even when they are no longer living in the same household.

The filtering off process has benefited many people but contains quite a few limitations and anomalies. Hopefully 2016, will bring improvements which will enable more people to obtain work, without prejudicing public safety.

If any reader has any enquiries please contact us for our free and confidential initial advice service.

Client's Record Cleared for her to Travel and Work Abroad

06 February 2016

Our client, was a 14-year-old girl schoolgirl when given a reprimand for stealing a packet of painkillers and mineral water from a store.

Quite apart from this being a minor incident our client had told the police she was receiving psychiatric help at the time.

Although this matter is filtered off for jobs in this country, it still continues to affect her and applications for visas to go abroad and would appear on police certificates required by foreign employers if she was offered a job abroad even when she would receive a clear enhanced certificate in this country.

It was felt that this reprimand should not have been given and we have just been advised that the police have agreed with our representations so as to clear our client’s record
Miss E says “Thanks so much for your help. This has made my week:) :) All the best for 2016, I will be booking a trip the the USA :) xxx”

Haunted by the Past

06 February 2016

In 1992, our client was arrested and charged with serious offences. He completely disputed the allegation and thankfully before the trial he was advised that “circumstances had changed” and that all charges had been completely dropped.

Notwithstanding that, the Police had for 23 years insisted upon disclosing on his enhanced criminal record certificates every detail of the unproven allegation merely ending the certificate that ”the charges were withdrawn.”

As a result of that our client lost numerous job opportunities and became severely depressed. He asked the police why if the charges had been dropped that they persisted in disclosing this, but never received any answer.

Thankfully, after instructing ourselves we have persuaded the police to drop their disclosure of every unproven allegation so that he can now pursue his career.

Mr O, comments “I cannot thank you enough for this David… I have now been shortlisted for a Clinical Teaching post which I not have even applied for without your help!”

The Good, the Bad & the Ugly

06 February 2016

The Good, the Bad & the Ugly

Our client was at the time a 19-year-old student returning home with a girlfriend after a fancy dress party and whilst both were still dressed as cow girls. Our client was the passenger whilst her friend drove them back on the M62 from Lancashire to Yorkshire.

As is so often the case, the motorway was completely blocked and a lorry driver stationary on the inside lane noticed these cow girls, pointed his 2 fingers at them and shouted “bang bang!”

Our client pulled out her empty water pistol and pointed it at the lorry driver also shouting “bang bang. They both laughed and as the inside lane started moving the lorry driver drove off.

However, an off duty police officer in the car behind assumed that there was a major incident in progress, called it in to his base. Our client and her girlfriend turned off the motorway and parked up in a supermarket car park only to be surrounded by four vehicles of an armed police response squad. They were arrested at gunpoint with police dogs barking at them and to police helicopters hovering above.

They were taken to a nearby police station and six hours later they were questioned and our client was offered the choice of a caution for having an imitation weapon with intent to cause fear or to be taken to Court the next day and charged with this offence.

Our client who had never been in a police station before accepted a caution, thinking that it was just a slap on the wrists only to find that this caution would last a lifetime, and affect her ability to obtain many jobs including in the care professions for which she was training.

Following our application, this caution has been totally removed from her record and she is free to pursue her career.

Miss F says “I just want to thank you for all your hard work, you have changed my life for the better, I cannot describe how happy I am and I am so excited for the future”.

Sex & Drink Don't Always Mix

16 April 2016

Our client had a lively relationship with a new girlfriend who was keen on drink and open displays of affection.
Some years ago she engaged in oral sex in a vehicle parked at the back of a dark public car park, but subsequently argued with our client and complained to the police that she had been forced into this and our client was arrested and questioned for alleged oral rape.

After investigating the allegation the police decided not to charge our client but this allegation appeared on his next enhanced DBS certificate stopping him getting work.

We investigated this matter speaking to and obtaining witness statements from various people who knew the couple and on appeal the Independent Monitor agreed that the allegation was unfounded and has ordered that our client receive a completely clear enhanced certificate.

Our client Mr A. comments “thanks for clearing my name and giving me a future”.

Please note however that if this couple have been observed by a 3rd party they could each have been cautioned for and/or charged with outraging public decency by behaving in an indecent manner – a matter which would never be filtered off their record and it should be noted that being viewed on CCTV can constitute such a crime.

Filtering Off News

16 April 2016

On the 22 January 2016 the High Court made an order on an application for a judicial review declaring that the filtering off rule relating to convictions was wrong and should be amended by the government.

The particular provision is that if a person has more than one conviction, even for a very minor matter such as for a speeding offence, then no conviction will ever be filtered off even after the 11 year waiting period, and, moreover that if a single conviction was filtered off and the person then commits any other offence – however minor, then on the next DBS certificate the matter, that which was filtered off will be reinstated.

This differs from the situation for cautions which may be filtered off after six years. However, any cautions you may have will not be reinstated if another offence is committed.

Likewise, it differs from the new Scottish procedure where after 15 years any number of low level convictions will be permanently filtered off.

Unfortunately, the government has decided to appeal against this decision and it may be many months before the Court of Appeal has time to decide upon this matter. In the meanwhile, many people with old/minor convictions will have their futures prejudiced because of this rule.

We hope the Court of Appeal will uphold common sense on this matter and we will keep you updated as to progress.

Carer Cleared of Caution to Continue Career

16 April 2016

Our client was an experienced carer who unfortunately gave the benefit of the doubt to her new partner that he had put his previous problems behind him.

However, once she invited him to live with her in her home he once again hit the bottle and in fact drunkenly rang up her friends and propositioned them!

Returning home at lunchtime to question him about this she found him so drunk that he was unable to discuss matters with her so she arranged with the police to return with her after her shift had finished and so that they could persuade him to leave her home without any argument.

Upon returning home with the police she asked her soon-to-be ex-partner to leave, but first to explain why he had behaved in such a terrible manner to her and her friends. However, he just ignored her, at which point her self-control finally snapped and she slapped him in front of the police officer.#

Unsurprisingly she was subsequently cautioned by the police for common-law assault, but we were able to persuade them to clear her name so she can continue her career and thanks to West Midlands Police for promptly removing this caution.

Whilst we can never guarantee to succeed in every case. We give free and confidential initial advice to all enquirers on the prospects of clearing their name and the way forward.

Miss S comments “ Thank you for clearing my name and enabling me to put the problems with my alcoholic ex-partner behind me”.

Medical Research Assistant Cleared to Work

16 April 2016

In 2005, our client was involved in a minor scuffle with his then first serious girlfriend with very minor injuries on both sides. His girlfriend who was very volatile called the police and our client ended up with a Caution for assault occasioning actual bodily harm.

ABH, should really only be used where injuries are so severe as to merit a prison sentence of more than six months.

Thankfully, after investigating this matter and putting forward a fully argued and substantiated appeal, West Midlands Police have promptly agreed to remove this Caution removing a major impediment to our client’s career either in this country or abroad and preventing problems in him getting visas merely to travel abroad.

Mr P comments “It’s a great relief to have this off my record so that I can get new jobs without any problems”.

Cleared of Caution for Possession of Cannabis With Intent to Supply

18 June 2016

Our client was arrested in possession of 3 small bags of cannabis when he was 17 years old and cautioned for possession with intent to supply, a matter which would never be automatically filtered off either standard or enhanced DBS certificates and would likewise affect him on applications for visas to go abroad and in obtaining jobs abroad.

We were able to raise a number of legal/factual/procedural arguments as regards the evidence and procedures carried out at the time including the fact that the property record relating to our client’s arrest made absolutely no reference to any cannabis being seized from his person and so that there was no evidence on record to substantiate the allegation.

The police promptly agreed to delete the caution allowing our client to put this problem behind him and to make a fresh start.

The misplacing of the cannabis between arrest and police station still remains a mystery, Meanwhile, our client comments “This is brilliant news, I cannot begin to tell you how this will make a world of difference to me, thank you so much David”

Cleared of Malicious Allegation

18 June 2016

Our client was arrested as a result of a malicious allegation and the police neither cautioned or charged him, but the matter was referred to DBS to consider barring him from working with adults or children. After pointing out all the weaknesses in the allegation against him the DBS have decided not to bar him and he has been issued with a clear certificate.

Mr H Says “I am extremely grateful for all your help, as this could have destroyed my life”

Keeping Your Mouth Shut on Job Applications

15 October 2016

Although honesty is usually the best policy, the Rehabilitation of Offenders Act allows you to keep quiet about certain matters in certain situations.

• Every Caution is considered spent and does not need disclosing and will not appear on Basic DBS certificates.

• That same Caution would however need disclosing for jobs requiring Standard or Enhanced certificates unless it had been filtered off under the present guidelines or have been weeded out or stepped down. Under previous guidelines.

• If however you are applying for a Visa to go abroad and/or applying for a job abroad with a foreign employer you would still need to disclose matters which are both spent and filtered off.

• It is possible to apply for convictions to be set aside, if, for instance you have new strong evidence that the conviction was wrong or if you can apply for the conviction to be disregarded under recent legislation. It is possible to apply to certain cautions to be disregarded, but you can apply for every caution to be deleted from your records.

• Even where a criminal record has been rehabilitated under one or more of the above provisions it is still possible for reference to be made to the original circumstances under which a person was cautioned or convicted and for disclosure to be proposed as enhanced discretionary disclosure. However, you should be given 14 days notice of this proposal so that you can object to it, and if the police still insist upon it, you can appeal to an independent body.
• Equally, if you apply for a job with the police, military police or other national security work with the government you may need to disclose even rehabilitated matters. It will not necessarily prejudice you, but nondisclosure will be considered a matter of dishonesty and can prejudice you even more than the original incident!

• Finally, it is a crime generally for prospective employers to demand disclosure of matters which have been fully rehabilitated for the type of jobs/criminal record certificate that is required and if you do disclose voluntarily a matter which has been rehabilitated your prospective employer can take that into account in deciding whether or not to give you that job.

It will be appreciated that there are a number of complicated guidelines affecting this, so if you have any enquiries as regards what should properly be disclosed, what may happen in the future and whether anything can be done to clear your name and help you make a fresh start please call or email for our free and confidential initial advice on your prospects and of the way forward.

A Reprimand

15 October 2016

A Reprimand for Affray wrongly given to a 17-year-old schoolgirl in 1997 is finally removed to allow her to teach.

Our client was attacked by another girl without provocation, resulting in a lump to the back of her head caused by this girl smashing her with a glass and a cut to her hand when subsequently defending herself. Despite these apparent indications that she had been attacked, both girls were arrested for Affray – that is fighting in public and even though the only witness was a friend of the attacker!

Our client was told that this would not affect her or she could go to court to fight to clear her name, but as this happened when she was studying for her exams she accepted the word of the police that this was just a “slap on the wrists”only to find that subsequently this was preventing her becoming a teacher and would last indefinitely.

Thankfully, after our representations on her behalf, the police have agreed to remove this reprimand completely from her record so that she is free to pursue her career.

Miss G says “ This is fantastic news, I did not think that I would ever fulfil my dreams and clear my name, thank you so much”

If you have any such matter affecting you please email David@CRBproblems.co.uk or call David Wacks on (0161) 278 2626 for your free and completely confidential initial advice as to your prospects and the way forward.

News From Northern Ireland

15 October 2016

A few months ago the law in Northern Ireland was changed so that on both standard and enhanced criminal record certificates for jobs in Northern Ireland, it is possible to apply to a new ombudsman like figure the Independent Reviewer to remove from that certificate, a caution or conviction, which is spent, but not filtered off.

This reflects an appreciation across the United Kingdom that some such matters have a disproportionate effect on people’s futures.There are a series of guidelines to be taken into account, but in the most general terms it is a risk assessment and if it can be shown that the matter was not relevant to the job applied for or that any risk is not appreciable and you may be able to persuade the reviewer to clear that matter from that certificate.

Please note that the police still have a discretion to seek to disclose the matter as discretionary enhanced disclosure but there is a separate appeals procedure should they seek to do so and in fact, the 1st independent reviewer is also the independent monitor for such further appeals.

The caution still however remains on the individuals police record and would be disclosable on applications for many visas and will still appear on police certificates required by foreign employers abroad offering you a job unless that caution can be removed.

Please note that the Reviewer can remove cautions from England or Wales from certificates for jobs in Northern Ireland and even when those cautions would still appear on DBS certificates for England and Wales.

If you are applying for a job and are concerned as to whether or not you can benefit from this change please call us for some free and confidential initial advice on your prospects and the way forward
David Wacks O161 278 2626 or David@CRBproblems.co.uk

Teacher Cleared by DBS & NCTL

15 October 2016

Our client was sacked from her job involving special-needs children, but did not have any redress because she had only been employed via an agency for a short while.

The matter was referred by the employers to LADO, and from them to DBS who considered whether or not to bar her but they were persuaded not to. NCTL then wrote to her that they were considering sanctions against her and thanks to our representations showing that the evidence against her was completely unreliable, they agreed that it was inappropriate and unnecessary to proceed any further and have dropped their investigation.

Miss L says “I just want to say THANK YOU once again, as I’ve got a letter from NCTL, saying that they are not going to proceed with the case any further.”

Our client’s agency have taken her back on and she will hopefully soon be offered a new job when the police will consider whether or not to make reference to this unproven allegation on her next enhanced DBS certificate. Unfortunately, even though both DBS and NCTL decided not to sanction her, the police still retain this discretion but if they wish to do so, we remain ready to object to it robustly.

If any reader has any similar problem or concerns please call David Wacks on (0161) 278 2626 or email your enquiry to David@CRBproblems.co.uk for our free and confidential initial advice on the prospects of clearing your name and the way forward.

Former Nurse/Health Service Manager returns to Work after Caution for ABH is Removed

15 October 2016

Our client was cautioned for ABH, after what was at most a minor domestic incident. Thankfully we were able to persuade Essex Police to remove this Caution both from the Police National Computer record and from their local records, so that he can return to his career.

Mr R comments “to have this caution around my neck for the rest of my life was a very heavy price to pay. 10 years on, I found CRB Problems Ltd and in a matter of months I have had my caution removed and with it now have the prospect of reopening doors that had been closed to me. **
Everyone deserves the opportunity for a 2nd chance and thanks to David and his team I now have this. My case was handled sensitively and sympathetically, but also with honesty and I will always be grateful for the service provided.” **

If any of our readers requires our free and completely confidential advice upon the prospects of clearing their name please call our legal director David Wacks on (0161) 278 2626 or email him to David@CRBproblems.co.uk

Update on Disclosure Scotland procedures

14 January 2017

A few years ago the procedures for disclosure of enhanced criminal record certificates in England and Wales was changed so that the DBS certificate was sent to the applicant only in order that if there was a mistake, the applicant could appeal against it on the disclosure before any employer is able to see it. Unfortunately, with devolution, this change was not automatically brought in in Scotland where both applicant and prospective employer are advised at the same time and, which resulted in a job offer for one of our clients being withdrawn before she could object to the disclosure of unproven allegations.

We are now in the process of appealing against that disclosure to assist her on future applications and in order to help anyone applying for an enhanced certificate in Scotland, we took the opportunity of emailing our client’s Member of the Scottish Parliament, Jackie Baillie, who emailed us back within a record 13 minutes to indicate that she was unaware of this problem, but, would write on my client’s behalf to the Cabinet Secretary for Justice.

ps. Disclosure Scotland have now agreed to remove these unproven allegations.

If you have any concerns regarding disclosure of unproven allegations appearing on your criminal record certificate in any part of the UK please call us on (0161) 278 2626 or email David@CRBproblems.co.uk for our free and completely confidential initial advice.

IT Advisor working in School Cleared to Work

14 January 2017

Our client works to help clients with IT/computer problems and has over the years worked for his employers to help schools and colleges with installation of hardware and software day-to-day problems.

Unfortunately, 18 years ago he was diagnosed as bipolar and despite every effort by himself and his medical advisers, he does from time to time suffer relapses. Last year he had one such relapse and was arrested by the police who arranged for him to be hospitalised. Upon his discharge a senior doctor confirmed that he was only a low risk to himself or anyone else. In the last 18 years, including the incident last year he has never harmed anyone and has never had any relapse in all those years, whilst at work, either in his office or at a clients premises.

Nonetheless, this incident was referred to the DBS who after our representations have just confirmed that they will not be barring him.

The police have however disclosed this incident on his enhanced DBS certificate and we have now lodged an appeal against this enhanced disclosure. Unfortunately, the fact that the DBS is not barring him does not automatically mean that the police will do the same, but, we will keep you updated.

Mr F says “thank you very much for clearing my name with the DBS, I am hopeful to receive a positive result from the police shortly”.

If you do require any free and confidential advice on any of these problems please call David on (0161) 278 2626 or email him with the details of your problem at David@CRBproblems.co.uk

Prospective nurse cleared of Caution for ABH

14 January 2017

Our client is a young woman still living at home who has not been able to proceed with training as a nurse because of a minor argument with her mother, which resulted in her being cautioned for ABH. This is considered such a serious matter that it that it would never be filtered off for DBS purposes.

Thankfully, after detailed investigation of the background and our persistence, Greater Manchester Police have agreed to remove the caution, so that she can pursue the career she has always wanted

Miss S. says” Thank you for helping my dreams come true”

If you and confidential on clearing any such problem, please call David Wacks 0161 278 2626 ,or email him on David@CRBproblems.co.uk

Pensioner cleared to work as a volunteer

14 January 2017

In 1988, our client was convicted of an assault upon 2 female employees in his fish and chip shop on the basis that they had both told the same story. Our client was fined a minimal £50 on each conviction and apart from minor motoring matters, he has never had any other conviction before or since. However, these convictions remain on his record indefinitely and were disclosed on an enhanced DBS certificate to work as a volunteer in a hospital.

When the DBS certificate was issued the details were sent to the DBS barring system who sought to bar him from working with both adults and children. We put forward representations that the court had ignored including a number of matters which raised serious doubts about the reliability of the complainants namely:-

• That it was most unlikely that our client would have assaulted 2 girls in the presence of each other.
• That the matters were alleged to have taken place in the front of the shop at night when everything was lit up and could have been seen by anyone walking by the shop with a large clear glass window, let alone walking into the shop.
• That only the week before the matter was reported to the police the employees who had only been employed as part time staff a few months beforehand, had asked for a substantial wage increase and had expressed anger at our client refusing this.

When these and other arguments were put forward to the DBS they accepted that it was not appropriate to bar him. The convictions will remain on his enhanced certificate but at least he will have the opportunity to explain himself to prospective employers for voluntary work that he should be given a chance regardless of this disclosure.

Our client’s convictions were in England and Wales, and should perhaps have been appealed at the time, since it is difficult to appeal them after so many years, but readers with old convictions should be aware that if they were to apply to work in either Scotland or Northern Ireland, that it is possible to apply to the disclosure authorities there not to disclose these matters.

If you do have any such queries please don’t hesitate to call David Wacks on (0161) 278 2626 or email him on David@CRBproblems.co.uk for some free and confidential initial advice.

Meanwhile, our client Mr P comments “Thanks for believing in me”.

Client cleared of unproven allegations

14 January 2017

Two years ago we cleared our client of a serious and malicious allegation. All charges against him had been dropped by the police but they insisted upon putting it on his records for 20 years previously stopping him getting a job requiring an enhanced DBS certificate.

Even after all this time, he wrote to us recently with a Christmas card and again thanking us and saying “I can’t even begin to express my thanks”.

We can’t help everyone, but we will give free and confidential advice to all callers as to whether they have prospects of clearing their name and the way forward.

We will do our best to work with you to clear your name so if you want any help with any such problem please call David on (0161) 278 2626 or email on David@CRBproblems.co.uk with a brief summary.

We help client Get Visa to USA despite a Conviction

18 February 2017

Our client was only recently fined in the Magistrate’s Court but because of that, was unable to apply on-line to renew his American Visa. Our detailed review disclosed many mitigating factors, so that we were able to argue that this case be dealt with as an exceptional and the US authorities have just granted this client a Visa so that he may return to his holiday home.

Mr S says” thanks for all your help. This Visa is worth its weight in gold!”

What many readers may be unaware of is that even if you have a caution or conviction which is spent and/or filtered off, that it would still need disclosing on applications for many visas to go abroad on holiday let alone for business so if you have any enquiries of this nature please call or email for our free and confidential initial advice.

Care worker cleared of wrongful caution for child neglect

18 February 2017

Our client was cautioned for neglect of a child for whom he was not responsible, jeopardising his career. His then girlfriend asked our client if her 11-year-old brother could stay with them for a couple of weeks because his mother was ill. He agreed, but during this period arrangements were made to go out for the day, but the brother decided he would rather play across the road with a friend whose mother would be in all day.

Unfortunately, the 2 boys then returned to our client’s home, raided his drinks cabinet and the friends mother had to call an ambulance, with the result that the police ended up cautioning our client for child neglect and even though he had been misled by the boy who was not his son, stepson or adopted son and for whom he was not legally responsible.

Thankfully, the police accepted this and other arguments and deleted this caution from his records.

Our client Mr T said that “this is incredible – you have given me my life back!”

If you have any similar problem please call David on (0161) 278 2627 or email him brief details at David@CRBproblems.co.uk for our free and confidential initial advice

Can you get a job if you have adverse allegations on your enhanced DBS certificate?

18 February 2017

Enhanced DBS certificates were introduced to protect those most vulnerable in society from potential risks even where an individual has no conviction or caution, but there is some evidence that they may pose a risk.

Provided you are not barred by DBS, or your professional regulators you are free to apply for any type of job, but obviously, if there is an adverse entry on your certificate, it is likely to prejudice your prospects of being employed in working with vulnerable people.

For a few years now it has been possible to apply to an independent body to overrule a police decision to make disclosure. We had only last month been asked by a new client to review the merits of disclosure on an enhanced certificate, but in the interim this client was fortunate to obtain a job offer in the ambulance service and we provided him with a letter explaining clearly a number of discrepancies on his enhanced certificate which indicated that the evidence against him was unreliable and unproven and giving opportunities for a successful appeal.

Thankfully his prospective employers were prepared to give him the benefit of the doubt, and he has now started work there.

Mr J says “this is fantastic – I look forward to working with you now to completely clear my name.”

Whilst we can’t guarantee helping everyone, our aim is to help people make a fresh start, so if you do have some such problem, don’t give up hope, and please email David@CRBproblems.co.uk or call him on (0161) 278 2626 for our free and confidential initial advice on your prospects of clearing your name and the way forward.

Dentist has caution for possession of cocaine removed

18 February 2017

Our client who was only 20 at the time was persuaded in 2007 to try some cocaine, and being young foolish and drunk bought a very small amount, but was immediately apprehended by a club bouncer handed over to the police and persuaded to sign a caution.

Thankfully we were able to raise a number of factual, procedural/legal/medical matters which persuaded the police to remove this from his record most importantly for his ability to travel and possibly work abroad in the future.

Our client Mr J. comments “This is great news I have been worried sick about my future”.

If you have any such problems please contact us for our free and confidential advice on your prospects of clearing your name and the way forward by calling David on 0161 2782626 or emailing him on David@CRBproblems.co.uk

Caution for racially aggravated assault removed from young woman

10 March 2017

6 years ago when our client was a schoolgirl she was verbally abused by another schoolgirl and responded in kind, but also using the word “foreigner”. Our client’s friend however, did hit this other girl and received a reprimand for racially aggravated assault. Although our client did not hit this other schoolgirl or ask her friend to hit her, the police mistakenly mixed the 2 up and gave her a reprimand for the same matter which would never have been filtered off.

This will come up on enhanced DBS certificates indefinitely and prevent her from proceeding with her training in health and social care.

Thankfully, after pointing out the mix up between the 2 girls, and a number of other arguments we were able to persuade the police in a record 3 week time period to clear her name

Miss R comments “this is such a relief – and after such a short period of time. I can now proceed to University and my career”

If you have any such problem please contact us for our free, confidential and no obligation initial advice to see if you have any prospects of clearing your name and the way forward. Please either call David on (0161) 278 2626 or email him on David@CRBproblems.co.uk with a summary of your problem and to see if we can help

Teacher cleared of caution for ABH

10 March 2017

Our client had a fight with her partner when they were both drunk and words were said on both sides causing tempers to rise. Our client alleges that she acted in self defence, and certainly there was provocation and indeed after reporting the matter, her partner attended the police station to tell the police not to proceed further. She was nonetheless cautioned for ABH which would never be filtered off her records.

Indeed, even if she was totally to blame for the argument, the injuries she caused were never serious enough to merit ABH. So all in all, and with the support of her partner, we were able to persuade the police who had issued the caution to completely delete it from her record.

Miss A, comments “thanks very much for all your help and especially for your persistence in clearing my name.”

If you have any similar problems please call David on (0161) 278 2626 or email him the details of the incident on David@CRBproblems.co.uk for our free and confidential initial advice on your prospects of clearing your name and of the way forward

Autistic young man has reprimand for ABH deleted

10 March 2017

Our client Mr E, acted in self defence to protect his friend, who was about to be punched by an assailant. In retrospect he should not have been reprimanded at all but he and his family were persuaded that if he did not sign this that he would be charged and taken to court. Rather than take the risk of that they signed a reprimand, thinking that it would be off their records in a few years.

In fact he was cautioned for assault occasioning actual bodily harm – ABH – which under present rules would never be filtered off and would appear on all, and every enhanced DBS certificate for working with vulnerable people.

Thankfully, Merseyside Police promptly accepted these and other arguments and deleted this reprimand to allow him pursue his own dreams of joining the police force and helping others.

Mr E says “I cannot begin to tell you how delighted I am. I can now pursue the job of my dreams without the weight of this Reprimand hanging over me”.

If you have any similar problems please call David on (0161) 278 2626 or contact him by email on David@CRBproblems.co.uk to get free and confidential advice on your prospects of clearing your name and the way forward

NCTL PERSUADED NOT TO SANCTION TEACHER

15 June 2017

Our client is an experienced teacher who was working as a locum teacher, moving from school to school as required.
Our client who has a Chinese background brought in Chinese items, including some jackets which 2 of the children put on top of their clothes and which she photographed in full view of the classroom. There was not the slightest hint of any impropriety but apparently this school had a strict policy against taking any photographs in any circumstances of children, and, the matter was reported to LADO and then to NCTL, who opened an investigation to whether or not they should proceed to a full sanctions hearing.

We were able to prepare full representations, pointing out not only that, nothing untoward had happened and that this matter was not serious enough to merit sanctions, but also that this clients 20 minute induction course merely referred to a large series of school policies which applied to working at that school, but without going through each and every policy in detail and so that our client had no idea whatsoever that there was an absolutely strict barring any photographs whatever the circumstances.

Thankfully, NCTL were persuaded of our common sense approach that this matter did not merit any further action whatsoever and our client is now free to return to his profession.

Mr T. comments “thanks very much .You have been a godsend to me”

Unproven allegations, such as this can result in disclosure on enhanced certificates, investigation by DBS into whether or not to bar you as well as investigations by your professions regulators, so that you can face problems on 3 separate fronts so if you have any concerns of this nature please telephone David on (0161) 278 2626 or email him at David@CRBproblems.co.uk with details of your enquiry and for our free and confidential initial advice

Supervisor for children’s artistic activities cleared to work

15 June 2017

Our client works in the arts industry and has helped many children to develop via role-play and other educational but fun activities.

Our client does himself suffer from Aspergers and so has had to work harder than others to achieve any success, but 8 years ago when he was 15 he received a reprimand after intervening to save his friend who had got involved in a fight with another young man.

Thankfully after carefully reviewing his case file, speaking to witnesses, we were able to put together a sufficiently strong case to persuade Surrey Police to remove this reprimand and allow him to move on with his life.

Our client, Mr T comments “ fantastic, you have changed my life”

If you received a please reprimand when you were younger and find that this is prejudicing your career please contact David on (0161) 278 2626 David@CRBproblems.co.uk advising him briefly as to your concerns and for his free and confidential initial advice on the prospects of clearing your name and the way forward

Soldier has Caution removed on appeal to the Information Commissioner on grounds of his PTSD

15 June 2017

Our client was a soldier who as a young man was severely traumatised by what he had seen in Iraq. His condition was not recognised and treated by the army, and upon leave he verbally abused police officers blaming them for killing his friends, and with the result that he was cautioned indefinitely affecting his long-term career prospects.

We appealed to the police, pointing out that whatever his language any objective police officer should have appreciated that our client was not well, unfortunately, although we lodged a great deal of documentation showing the above another legal arguments and his true character both in the army and in his subsequent charitable works, the police did not agree to remove this caution.

We considered that the police had not just reached a decision with which we happened to disagree but had failed to consider evidence that any reasonable police force should have considered in our client’s favour and lodged a complaint to the ICO over this. This resulted in a review by the head of information management for the police force in question who have now decided to clear our client’s name so that he can apply for jobs or further voluntary work without being permanently stigmatised.

Our clients Mr P comments “Thank you so much for persevering with this to clear my name”.

If you have any similar concerns please telephone David on (0161) 278 2626 or email him on David@CRBproblems.co.uk for our free and confidential initial advice on your prospects, and of the way forward.

Psychologist cleared of malicious allegation of rape

15 June 2017

Our client is a psychologist who has helped many people deal with constitutional and stress-related problems but 2 years ago his life fell apart as a result of a malicious allegation of rape.

He admits meeting a woman in a club who agreed to come home with him and where there was lots of foreplay but he advises no penetration, primarily because of the amount of alcohol he had drunk that night. In the early morning she left but subsequently alleged that he had forcibly raped her so badly that she was bleeding.

The forensic evidence apparently did not support the view that she had had penetrative sex or that she had been bleeding as a result of that. He was released with no charges against him but when his enhanced DBS certificate was made this disclosed the unproven allegation against him, resulting in him losing his job.

Following a detailed investigation we were able to raise a large number of discrepancies in the complainant’s evidence which discredited her allegation and the Independent Monitor has just reviewed our appeal and ordered that there be a completely clear new certificate issued

Mr M says “So grateful for all your help thank you David”.

Whether charges are brought against you or even if you are acquitted the police have a discretion to seek to disclose unproven allegations on enhanced DBS certificates so if you have such a problem or concern please call David on (0161) 278 2626 or email him at David@CRBproblems.co.uk with details of your enquiry for our free and confidential initial advice upon the merits of clearing your name and the way forward.

Call David on 0161 278 2626

Call Julie on 0161 278 2627

Or email info@crbproblems.co.uk

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Latest News

NCTL PERSUADED NOT TO SANCTION TEACHER Read More
Psychologist cleared of malicious allegation of rape Read More
Soldier has Caution removed on appeal to the Information Commissioner on grounds of his PTSD Read More
Supervisor for children’s artistic activities cleared to work Read More
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I Am Not My Brother's Keeper

Criminal Record Will Affect Applications for Citizenship

Supreme Court Declares Warning Unlawful

MP's suggest Criminal Records Should Be Wiped At 18

Simon Weston OBE Inspires In Rochdale

Not Guilty Verdict Does Not Prove 100% Innocence

Do Statistics Mean What They Say?

GMP Police Commissioners Forum on Out Of Court Disposals

Sexting Cautions Last for Life

Criminal Records Cause Visa Problems

When Should Suspects Be Named By Police

Another Teacher Cleared To Work

Interpreter Cleared to Work For The Police

Taxi Passengers Safeguarded

We Persuade DBS Not to Bar Care Worker

Proposed Changes to Caution Procedures

Another Caution Deleted

Another Warning Removed

GMP Commissioner Tony Lloyd’s Mid - Term Review

What information should you be given by the police before giving a taped interview?

Scottish Convictions and Filtering Off/ Rehabilitation of Offenders

Job Application Forms Are Still Confusing

Restorative Justice Moves On

Music Teacher Has Enhanced Certificate Cleared

Problems With Filtering Off Convictions

CCTV and Taxi Drivers

Playground Fights Driving Up Crime Rate

UK To Join The EU Crime Data And Security Alert System

Affray - Public Order Offence

Google Removed More Than 250,000 links under the "Right to Be Forgotten"

Differences With Enhanced Disclosure in Scotland

Torch with 1.5v "Shock" Considered a Weapon

Teacher's Caution Cleared

Parents Call In Police to Control Their Children

Can you be bailed indefinitely?

Is the Teacher Shortage Made Worse By Over Zealous Safeguards?

Laws Over Giving Cautions Tightened Up

Another Care Worker Back in Work

Independent Monitor Clears Care Worker

Another Nurse Cleared to Work

Problems With Police Bail

Carer Cleared to Work