Discussion
I searched the forum and someone posted ta link on exclusions that apply since 2013, but I cant seem to work out if that applies to the below.
https://www.legislation.gov.uk/uksi/2013/1198/pdfs...
To cut a long story short my son went to court approx 2 years ago now and had a fine for of £700 inc costs for a Malicious Communication. He has now moved on and has set up a cleaning company. He has won a contract for a school but they require an enhanced DBS check. I have told him that honesty is the best policy and to be straight with them etc. He was over 18 when this happened so is not classed as Youth Offending.
They have asked him to get his own DBS - I was under the impression that you could not do an enhanced yourself and only an organisation could do this?
Back to the above link - what are the categories that apply - would Malicious Communication fall in to this?
https://www.legislation.gov.uk/uksi/2013/1198/pdfs...
To cut a long story short my son went to court approx 2 years ago now and had a fine for of £700 inc costs for a Malicious Communication. He has now moved on and has set up a cleaning company. He has won a contract for a school but they require an enhanced DBS check. I have told him that honesty is the best policy and to be straight with them etc. He was over 18 when this happened so is not classed as Youth Offending.
They have asked him to get his own DBS - I was under the impression that you could not do an enhanced yourself and only an organisation could do this?
Back to the above link - what are the categories that apply - would Malicious Communication fall in to this?
I've just received an enhanced DBS for a new job I'm starting. I think you're right about an individual only being able to apply for a basic check. The charity I'm working for set up an application online and sent me login details to complete the information required. That was 3 weeks ago and the certificate arrived in the post yesterday.
As regards your son's conviction, I wouldn't try and hide the fact that there's a misdemeanour on his record. His best bet is to explain to the school that he did something stupid 2 years ago and was prosecuted for it. He's a reformed character now and is keen to build his business. He'll have to put himself at their mercy and hope for the best. He's got a 50/50 chance that they'll give him the benefit of the doubt and then he'll have to do an excellent job for them so they can give him glowing references for future clients.
As regards your son's conviction, I wouldn't try and hide the fact that there's a misdemeanour on his record. His best bet is to explain to the school that he did something stupid 2 years ago and was prosecuted for it. He's a reformed character now and is keen to build his business. He'll have to put himself at their mercy and hope for the best. He's got a 50/50 chance that they'll give him the benefit of the doubt and then he'll have to do an excellent job for them so they can give him glowing references for future clients.
Bluesgirl said:
I've just received an enhanced DBS for a new job I'm starting. I think you're right about an individual only being able to apply for a basic check. The charity I'm working for set up an application online and sent me login details to complete the information required. That was 3 weeks ago and the certificate arrived in the post yesterday.
As regards your son's conviction, I wouldn't try and hide the fact that there's a misdemeanour on his record. His best bet is to explain to the school that he did something stupid 2 years ago and was prosecuted for it. He's a reformed character now and is keen to build his business. He'll have to put himself at their mercy and hope for the best. He's got a 50/50 chance that they'll give him the benefit of the doubt and then he'll have to do an excellent job for them so they can give him glowing references for future clients.
Under 2 years old it won't be filtered as I understand it, some minor things are hidden on a enhanced but after 6 years from conviction/caution.As regards your son's conviction, I wouldn't try and hide the fact that there's a misdemeanour on his record. His best bet is to explain to the school that he did something stupid 2 years ago and was prosecuted for it. He's a reformed character now and is keen to build his business. He'll have to put himself at their mercy and hope for the best. He's got a 50/50 chance that they'll give him the benefit of the doubt and then he'll have to do an excellent job for them so they can give him glowing references for future clients.
I would just be honest however in this market hey may will lose the work.
It may depend if the communication was to a teenage girl I would expect the school won;t want to use him.
- The filtering process after 6 years is designed so some things don't follow you forever, but it was recent and therefore he can't be free of it yet.
What was he found guilty of? iF ITS JUST A FINE it may be spent after 1 year but any other sentence like conditional discharge is longer
Edited by surveyor_101 on Tuesday 15th September 14:35
Edited by surveyor_101 on Tuesday 15th September 14:38
To some extent it doesn't matter whether anything shows up on an enhanced DBS or not.
If it does, the emplyer can have a conversation about it and move on.
I know people working with children who have convictions for drunken GBH as an example.
If the conviction effects the role, they shouldn't be going for it.
If it does, the emplyer can have a conversation about it and move on.
I know people working with children who have convictions for drunken GBH as an example.
If the conviction effects the role, they shouldn't be going for it.
Missus is a teacher aged 47. She still has a GBH conviction from an unfortunate fight when she was 18. Very embarrassing but still appears on every enhanced check that is done. it's not effected jany job apps (AFAIK) but she has thought twice about applying for some jobs and stayed where she is due to this.
Bluesgirl said:
He's got a 50/50 chance that they'll give him the benefit of the doubt
We have no idea what the chances are. Just because there are 2 options, doesn't mean it's 50/50. Otherwise I'd have a 50/50 chance of winning the lotto on Saturday. They might be quite flexible in there selection criteria, in which case he might have an excellent chance, or they might be very strict, so he may have very little chance. Fingers crossed.
If it's the thread I remember then OP's son was well and truly stitched up by both the "victim" and the CPS in going ahead with the prosecution.
I can't see any reasonable human being having an issue with the conviction after the details have been explained, but then unreasonable human beings are everywhere...
I can't see any reasonable human being having an issue with the conviction after the details have been explained, but then unreasonable human beings are everywhere...
Edited by Centurion07 on Tuesday 15th September 17:11
dba7108 said:
He was an adult not a minor. And a fine only. Thanks
If its just a fine it appears the guidance is its discharged after 1 year!So looks good as long as its not relating to a child or teenage girls as if that made him unsuitable to be around child the force could have recorded that against, the ENHANCED element deals with any information that comes by the police that may make an individual a danger around children or vulnerable adults.
I would do an online DBS and see what comes up, he doesn't have much to lose in my mind letting the school as long as there is not more to this than your letting on.
For example is as 18 he sent the communication to a 15 year old girl! that could be an issue!
Edited by surveyor_101 on Tuesday 15th September 17:13
Centurion07 said:
If it's the thread I remember then OP's son was well and truly stitched up by both the "victim" and the CPS in going ahead with the prosecution.
I can't see any reasonable human being having an issue with the conviction after the details have been explained, but then unreasonable human beings are everywhere...
Anything to do with a minor that could be registered on the PNC against him!I can't see any reasonable human being having an issue with the conviction after the details have been explained, but then unreasonable human beings are everywhere...
Edited by Centurion07 on Tuesday 15th September 17:11
TwigtheWonderkid said:
Exactly my point. Could be 50/50, could be 99/1 or 1/99.
Teachers in my experience are strange animals certainly they don't seem to live in the real world so telling them you sent a msg that was 'grossly offensive' or of an 'indecent, obscene or menacing character,and got fined £700 might upset them, also schools are crazy risk adverse so can't imagine they will bother with an DBS that isn't clean.My 9 year olds teacher doesn't want me in her classroom as I might give her a covid, of course the virus on my daughter gets to her threshold and waits patiently by the door, as long as I don't breach the perimeter. I went to a hospital today for work and wore a mask and know one lost their minds!
dba7108 said:
I searched the forum and someone posted ta link on exclusions that apply since 2013, but I cant seem to work out if that applies to the below.
https://www.legislation.gov.uk/uksi/2013/1198/pdfs...
To cut a long story short my son went to court approx 2 years ago now and had a fine for of £700 inc costs for a Malicious Communication. He has now moved on and has set up a cleaning company. He has won a contract for a school but they require an enhanced DBS check. I have told him that honesty is the best policy and to be straight with them etc. He was over 18 when this happened so is not classed as Youth Offending.
They have asked him to get his own DBS - I was under the impression that you could not do an enhanced yourself and only an organisation could do this?
Back to the above link - what are the categories that apply - would Malicious Communication fall in to this?
Is your son doing any actual cleaning? Is the DBS just for the ones doing the cleaning?https://www.legislation.gov.uk/uksi/2013/1198/pdfs...
To cut a long story short my son went to court approx 2 years ago now and had a fine for of £700 inc costs for a Malicious Communication. He has now moved on and has set up a cleaning company. He has won a contract for a school but they require an enhanced DBS check. I have told him that honesty is the best policy and to be straight with them etc. He was over 18 when this happened so is not classed as Youth Offending.
They have asked him to get his own DBS - I was under the impression that you could not do an enhanced yourself and only an organisation could do this?
Back to the above link - what are the categories that apply - would Malicious Communication fall in to this?
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