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Legal matters

CRB

18 replies

Putthatbookdown · 02/11/2013 10:16

Will Dhs section 2 under the Mental Health Act show up on his CRB Check?

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lljkk · 02/11/2013 10:26

No, not unless it was a factor in a criminal investigation against him.
But it could be an offence not to declare that in some job applications, I'm not so sure.

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WestmorlandFireSausage · 02/11/2013 10:33

Nope

But then 'CRB' checks don't exist any more either.

A DBS check shows up if you have been convicted of criminal offences relevant to the job you are applying for.

Being ill isn't a criminal offence

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Putthatbookdown · 02/11/2013 11:03

Oh really I thought these checks showed up everything no matter how long ago

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prh47bridge · 02/11/2013 11:52

It is a criminal records check. Being sectioned is not a criminal offence and therefore does not show up.

A check shows convictions, cautions, reprimands and final warnings. An enhanced check will also include any information held by the police that they reasonably consider relevant. They also check against a couple of lists of people who are barred from working with children or vulnerable adults.

Even for the things that are covered a check doesn't necessarily show up everything. Some cautions and convictions will eventually be removed from a check.

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Putthatbookdown · 06/11/2013 16:57

Interestting I was told if the Section was carried out by ambulance ie no poilce then it would not show but if it was carried out with police in presence even though the section is deemed necessary by medics it will show on the crb Just cos' the police are involved Crap

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prh47bridge · 06/11/2013 17:13

It certainly won't show up on a standard check. If it is on police records it could in theory show up on an enhanced check but it should only be included if they reasonably believe it is relevant. In most cases it won't be relevant. If the police do include such information the subject of the disclosure should get the chance to dispute the inclusion before the employer sees the information.

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WestmorlandSausage · 06/11/2013 19:41

perhaps if the person was sectioned under s.136 it might show up? That is perhaps a possibility if relevant to the job i.e. if you were going into social work/care work/ health services?

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prh47bridge · 06/11/2013 20:23

Only if it is an enhanced disclosure, the information is in police records and the police reasonably consider it relevant. Being sectioned under s136 is not automatically relevant to any job. The police's starting position is that incidents relating to mental health should not be disclosed in most cases.

Putthatbookdown - Why the "cr*p" comment?

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Putthatbookdown · 08/11/2013 16:07

136 could be seen as an arrest so it may show up But we are querying a Section 2 here. So if they have recorded "patient fought with police" etc then it may be deemed relevant?

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prh47bridge · 08/11/2013 17:05

Arrests don't show up automatically. It will show up on an enhanced check if the police reasonably believe the arrest is relevant. In most cases it won't be. And a mentally ill patient fighting with the police would not generally be considered relevant.

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Putthatbookdown · 09/11/2013 12:40

I see so the relevant information showing on the Enhanced Crb would have to be "fought with the police and is known to mix with a paedo ring" since the latter is info an employer etc would need to know to protect their vulnerable clients Therefore it is what is RELEVANT and this could be any warnings cautons questioning indeed anything whic would suggest this person is not suitable for this role

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prh47bridge · 09/11/2013 13:31

What would probably appear in that case is something like "known to associate with paedophiles". The fighting with police would still not be relevant. Even associating with paedophiles isn't necessarily relevant unless there is reason to suspect that the subject is involved in such activities personally.

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ChristmasCareeristBitchNigel · 11/11/2013 13:34

136 does not show on any sort of CRB check as it does not go onto a PNC record. PNC holds details of convictions, cautions and reprimands. It also shows details of arrests for recordable offences and how they were disposed of (eg. no further action). However, being held under 136 is not an arrest. It is detention which is a very different kettle of fish.

Markers are included on PNC (eg. fights on arrest, conceals drugs, self harmer) but these are only visible to police and are not included in a CRB check. I have seen many hundreds of PNC records in my job, including those of paedophiles. "Known to associate with paedophiles" is not something I have ever seen.

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ChristmasCareeristBitchNigel · 11/11/2013 13:37

and there would have to be evidenced information for your "associating with paedophiles" to appear on an enhanced CRb

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YoucancallmeQueenBee · 11/11/2013 13:51

CRB is now known as DBS. This is what a the two levels of DBS check will show:

Standard Disclosures: discloses all convictions, cautions, final warnings and reprimands (that are not protected) held on the Police National Computer, regardless of whether they are spent or not

Enhanced Disclosures: also disclose all convictions, cautions, final warning and reprimands (that are not protected) held on the PNC. Enhanced disclosure may also reveal local police information (e.g. details of allegations, arrests, not guilty verdicts etc.) that is felt to be relevant to the job

There are a number of other employment vetting checks that you may be asked to undergo. Please see here for more information.

The following are not convictions, cautions, final warnings or reprimands and will not be disclosed on a Standard DBS check. As local records, they may be disclosed on an Enhanced DBS check at the discretion of the Chief Constable:
Harassment warnings: only becomes a criminal matter if breached
Anti Social Behaviour Orders (ASBOs): only becomes a criminal matter if breached
Community Resolution Orders
Cannabis warnings (usually issued on the street)
Fixed penalty notices (FPNs)
Penalty notices for disorder (PNDs)


The section would only show up if there was an arrest at the same time (as it is police information that shows up on a DBS check) & an enhanced disclosure is being conducted on the person in question.

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Putthatbookdown · 11/11/2013 15:22

Great responses !!! So it all comes down to what is relevant and a section 2 is not relevant unless an arrest also goes with it

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prh47bridge · 11/11/2013 15:25

136 does not show on any sort of CRB check as it does not go onto a PNC record

An enhanced check does not just include information from the PNC (and it may include information from the PNC that is only visible to the police). It includes any non-conviction information the police reasonably consider to be relevant. It may, for example, include information that the subject is suspected of possible involvement in paedophile activities (assuming the post concerned involves working with children).

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Putthatbookdown · 11/11/2013 15:30

That makes sense After all the purpose of these checks is to weed out undesirables/people who may not be trusted around vulnarable people It is not supposed to be WITCHHUNT

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