Please examine this issue carefully as it raises fundamental issues about justice, human rights, and State control.
I am national secretary of FACT (Falsely Accused Carers and Teachers) www.factuk.org and run their help line. Virtually every day someone rings us over CRB issues affecting Enhanced Certificates of Disclosure.
At present the law allows Chief Constables to share police intelligence with prospective employers for individuals who require an enhanced certificate of disclosure,
Enhanced CRB's are required by all teachers, care workers, health care professionals, youth workers, workers engaged in community activities with children and/or vulnerable adults/groups – vast numbers of people.
The Chief Constable has absolute discretion to share what ever information he/she feels is relevant. This could include mere gossip, information shared with the police by other agencies e.g social services, or information gathered by the police in the course of their work and irrespective of whether the prospective employer was involved in criminal activity or not.
As a result the police now routinely record the fact that an allegation was made against the prospective employee on enhanced CRBs even though they may have been cleared of any wrong doing by an employer or by a Court.
They also routinely record the fact that a person appeared before a Court even if he/she was found not guilty and was told they leave the Court with their reputation intact.
Adverse comments on a CRB basically result in that person being unemployable. What is needed is complete repeal of Section 115(7) of the Police Act 1997 or some kind of system which allows for only such information to be placed on it for a limited time (as is the case in the rehab of offenders act)and provides for a proper appeal process. At the moment all you can do is make representation about the content of the disclosure which is invariably ignored. There is no right of appeal.
THIS IS A VERY SERIOUS PROBLEM WHICH AFFECTS THOUSANDS OF PEOPLE EVERY YEAR AND FOR THE REST OF THEIR LIVES.
For further information you might like to read the report of the Children, Schools and Families Subcommittee Report in 2009 which touched on indiscipline in schools which referred to this matter and the Home Affairs Select Committee Report on Past Abuse in Children's Homes (on which David Cameron served) which was published in 2002. Both these reports highlight some of the injustices felt by carers and teachers on these issues.
Our organisation FACT (Falsely Accused Carers and Teachers)would be pleased to provide further information mailto:firstname.lastname@example.org