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CRB/DBS issue :-(

(29 Posts)
1mistake Sun 16-Nov-14 15:38:54

Hi,

Ive worked as a nanny/childminder/babysitter for the last 13 years. I picked up a common assault charge last year(for throwing water at a housemate who had threw a cup at me). I got my DBS check back during the week and it has shown up as cautioned for common assault-should I tell all the parents that im working at? and the agencies that im registered with? Will I get work again? As a parent, would you consider me as an employee??

molesbreath Sun 16-Nov-14 15:44:44

I think you have to disclose it tbh. If I were a parent who employed you and i found out and you hadn't said anything I would be incredibly upset and angry and would possibly fire you.

However if I knew about it and liked you especially if you explained the circumstances - which seem quite trivial - I would probably be ok about it.

Good luck x

flowery Sun 16-Nov-14 17:29:48

If I'm being absolutely honest I wouldn't employ you to look after my children. Firstly, perhaps through my own ignorance, I just wouldn't believe you if you said chucking a bit of water over a housemate would result in a criminal record. Secondly I would worry about whether you'd lose your temper with my child if provoked.

I'm afraid I agree you have to tell people.

ArsenicSoup Sun 16-Nov-14 17:36:00

But a charge isn't a caution is it? Did you accept a caution?

If so, then it probably is time for a sideways career move.

FWIW, I absolutely do believe that thrown water could result in a charge (I was present when a friend was arrested - later dearrested- for snatching keys from hand of another, completely drunk friend who was intending to drive - no skin on skin contact of any sort - only touched the keys themselves. Police reeled off a list of things that could constitute assault. I was hmm ) but I don't think that will help you with employing parents. Sorry sad

flowery Sun 16-Nov-14 17:39:27

I'm quite prepared to believe it technically could be classed as assault, I would just be astonished at something like that actually resulting in a criminal record if that's literally all there was to it.

mymummademelistentoshitmusic Sun 16-Nov-14 17:43:59

No, I wouldn't employ you. And if I'd already employed you in that capacity then this came to light you'd be straight out of a job. There's more than enough people without violent convictions ready to employ.

magpiegin Sun 16-Nov-14 17:48:06

In all honesty I wouldn't employ you. as far as they're concerned you could be lying about the severity of the incident.

merlehaggard Sun 16-Nov-14 17:51:20

Was you charged or cautioned?

ArsenicSoup Sun 16-Nov-14 17:51:43

I think things changed when police started being judged by their clear-up rates flowery. The more call-outs result in convictions or cautions, the better (for the police).

sillymillyb Sun 16-Nov-14 17:54:57

I have an agency with a number of childcare staff on my books. I have some discretion as to accepting people with criminal records - BUT, only if they disclose it in advance, and only if it is none violent. I wouldn't have any lee way with your caution, even if it was just for throwing water, as it's classed as Assault. I'm sorry, it may be time for a career change.

ArsenicSoup Sun 16-Nov-14 17:55:13

I wouldn't employ a nanny with a violent crime on their DBS OP but if an existing employee who I knew, trusted and really liked already could produce cast-iron evidence that the incident was about thrown water (legal paperwork, solicitors letter?) I might keep them on. I'd be concerned about insurance implications though.

The difference between a charge and a caution is major, though.

flowery Sun 16-Nov-14 18:10:05

"I wouldn't employ a nanny with a violent crime on their DBS OP but if an existing employee who I knew, trusted and really liked already could produce cast-iron evidence that the incident was about thrown water (legal paperwork, solicitors letter?) I might keep them on."

I can see that, however this happened last year, so clearly the OP hasn't been upfront about it, which would undermine any attempt to retain trust.

ArsenicSoup Sun 16-Nov-14 18:30:01

True flowery. She sounds surprised to find it on her DBS and confused re charge vs caution. The explanation could be key. Maybe she thought a charge had been made and then dropped but the DBS says something slightly different?

lougle Sun 16-Nov-14 18:44:01

Did you accept the caution? Did you realised that a caution is only given when you admit that you were guilty of the offence?

In any event most contracts will say that you must disclose a conviction if you receive one.

You'll find that the caution will be filtered off of your DBS 6 years after you received it, if it is only for common assault.

ArsenicSoup Sun 16-Nov-14 18:45:14

No filter for an enhanced DBS lougle

ArsenicSoup Sun 16-Nov-14 18:47:01

OP I hope you're ok. You've had a shock. I think there are organisations that can give proper advice.

bloodyteenagers Sun 16-Nov-14 19:04:24

You should have told them last year when you were arrested and cautioned. Owning up now because it shows on your dbs is too little too late. You knowingly continued employed knowing you had a conviction.

1mistake Sun 16-Nov-14 19:27:14

Thank u all for your feedback..you wouldn't believe how upset I am over this (crying as I write this) I was cautioned, not convicted. The night this particular incident happened had been at the end of several instances, this was my 3 rd time calling the police for help..the police told me that if I wanted her arrested, I would have to be arrested too because I retaliated, if I said not to arrest I saw this as yet another thing she was going to get away with and I just wanted it to end..ive always worked with kids an cant imagine ever doing anything else but I know the trust parents need to have a nanny whilst handing over the most precious thing in the world..this is like a black cloud hanging over me and it just seems so unfair that this has happened...I wanna move on but this will affect me what feels like forever :-((

ArsenicSoup Sun 16-Nov-14 19:41:31

Had a quick google for you OP;

Worried about a criminal record?

Call our Resettlement Advice Service on 020 7840 1212
helpline@nacro.org.uk
Monday-Friday 9am-5pm

en.wikipedia.org/wiki/Police_caution

www.nacro.org.uk

1mistake Sun 16-Nov-14 19:46:03

Thank u arsenicsoup. I know what the right thing to do is though but wouldn't hurt to talk to somebody...saying goodbye to a child career is breaking my heart

Edenviolet Sun 16-Nov-14 19:47:21

No need for a career change op

I have a caution for common assault and after disclosing it iam able to volunteer in dcs school no problem at all. I told them about it before I had my check, explained what had happened and everything was fine. The key is being honest and open about it which although difficult is the only way.

ArsenicSoup Sun 16-Nov-14 20:02:00

It does look like Lougle might be right about the 6 years though (apologies Lougle). I had a quick scoot through the list of offences that are never filtered and common assault doesn't appear to be on it. Here

ArsenicSoup Sun 16-Nov-14 20:03:35

So it might be that you need to take a five year break rather than say goodby forever. I do feel for you.

1mistake Sun 16-Nov-14 20:10:41

Yeah I read about the 6 year thing too which is a bit of a comfort..thank god really.. all my jobs for the last three years have come mainly through word of mouth so will just have to see how parents take the news. One of my biggest fears is that parents will think im lying and that the incident was worse than what it was but it was just throwing water which I know is disrespectful in itself but there's so much worse things in the world

whatadrain Sun 16-Nov-14 20:15:50

I don't know if it's a deal breaker. I work in education and I know of many people working with children with police cautions for a range of things. I think it's important that you disclose it from the outset to any potential employer. Also, if you still have a copy of the caution you could show it to them so they can see you're not a total raving lunatic!

Good luck,OP. We all make mistakes. Fingers crossed it won't be an issue for you when you have a strong employment record.

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