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dbs check

(25 Posts)
thepuddingchef Sun 28-Jun-15 13:04:53

My dh has finally got a job working for the NHS. He is going through the DBS check system and he's worried that a conviction he had 25 years ago will mean he will have the job offer withdrawn sad
Can anyone offer some advice or experience please.

Finbar Sun 28-Jun-15 13:10:51

The employer can decide whether is it serious or related enough to the area to be enough to withdraw an offer e.g. if it was for robbery and the position is a finance one. Otherwise they are encouraged to look at the seriousness of the offence, how long ago it was, whether there have been any repeat offences or a pattern since then.

Also the Job description should sya whether the post is exempt or not from the Rehabilitation of Offenders act - this will have a bearing on whether it can be taken into consideration

In my experience we have always had a dialogue the person to find out exactly what happened. Sometimes it was just a stupid mistake made when the person was young, so we tend to look at the whole picture.

LIZS Sun 28-Jun-15 13:13:29

Can he mention the offence to hr now rather than let it just appear. They may be able to disregard it, depending on the nature of the offence and role.

thepuddingchef Sun 28-Jun-15 13:29:17

Thank you for your replies. I think it's too late at this stage to talk to HR but I am hopeful that if it does come up then it can be explained. I am a nurse at the same trust and he hasn't been in any trouble since. We need him to start this job as we are totally stuck financially.
I will be so gutted if they say no.

twirlypoo Sun 28-Jun-15 13:32:16

It is def best to call in advance so they hear from you and not when they get dbs check back. If you are upfront it shows honesty, if you don't declare it then they are much less likely to consider it. Good luck thanks

thepuddingchef Sun 28-Jun-15 13:35:00

Will it definitely come up if it was 25 years ago?

agnesnott Sun 28-Jun-15 13:39:00

I agree with other posters. Tell them even now. Just explain he was embarrassed or didn't realise it was relevant as it was so long ago or something. I recruit staff and am safeguarding lead. If you didn't tell me prior to me seeing DBS it would mean a withdrawal of offer but if you were open I would risk assess.

ThatIsNachoCheese Sun 28-Jun-15 13:52:23

No it won't pudding. If it his only offence and not on the barred list it will be filtered. Google it. Has he fulled in the dbs form? The question is: do you have any convictions that won't be filtered.

ThatIsNachoCheese Sun 28-Jun-15 13:53:20

hub.unlock.org.uk/knowledgebase/filtering-cautions-convictions/

thepuddingchef Sun 28-Jun-15 14:31:26

Thank you for the link. I have done some research and it looks like it will definitely come up. It was abh 26yrs ago sad
I have told him to speak to HR but I don't hold out much hope. I know that these checks are a good thing but I know him and he's a good family man. We are now going to be stuck on the poverty line for longer. Thank you for all the advice thanks

ThatIsNachoCheese Sun 28-Jun-15 15:12:37

Oh I'm sorry pudding. It really may be worth him talking to them about it.

RepeatAdNauseum Sun 28-Jun-15 15:23:19

He needs to speak to them first before the DBS comes back. It's the only way he gives himself a chance. They will probably ask him about the conviction, and give him a chance to say that he has not been in trouble since and that he regrets his actions then.

It's been 26 years, so while it will show up, if he tells them before the check comes back, he stands a good chance of convincing them that it was a long time ago and he has shown outstanding character since. He does need to speak to them first, though, if he waits for them to find out from the check, it'll look like he was hoping to conceal it and he'll have no chance.

Finbar Thu 02-Jul-15 17:32:11

Currently the employer doesn't get the DBS although they used to. The would be employee gets it and brings it to HR to verify. So prob no point in raising the issue before it appears

lljkk Thu 02-Jul-15 19:54:38

Much better if he declares it, many checks have had previous cautions or convictions come up even 30-40 yrs later, even stuff that happened when they were like 11-12 yo.
I could easily forget something I did 25 yrs ago if it was relatively minor.

ThatIsNachoCheese Thu 02-Jul-15 23:49:37

lljkk minor cautions won't show anymore as they will be filtered as long as there more than a certain number of years ago.
As long as there is only one conviction and it is past the number of years needed it won't show, unless its on the list of offences that will never be filtered.

a2011x Thu 02-Jul-15 23:58:58

I have a minor conviction and.work for the NHS, it may be removed from.his record depending on what it was. Legally he has to declare any unspent convictions I believe, better he writes an email explaining it.before they do the check and should be fine, we employ people with convictions for theft fraud and gbh providing everything Is honest and explained, a while ago and not directly to.do.with the job, example being theft and handling money etc, he will be fine but check if it's spent which I would.of thought it was being that long ago.

lljkk Fri 03-Jul-15 09:27:06

I guess the rules keep changing.
There were several nominees for police commissioners (?title) in UK who had to decline candidacy because they had historical cautions, for things like a single caution for trespassing when they were 12yo, 40ish yrs previously. So is that sort of thing ignored now?

prh47bridge Fri 03-Jul-15 09:55:28

The rules are different for Police and Crime Commissioners. No-one was forced to stand down due to cautions but any conviction for an offence for which an adult could be imprisoned bars you from being a Police and Crime Commissioner for life. This is independent of the DBS filtering rules.

ThatIsNachoCheese Fri 03-Jul-15 11:25:52

Hi prh smile my son had his transition day at his new school this week and he loved it, made losing the appeal less painful!
Hope you're well and sorry to derail the thread!

prh47bridge Fri 03-Jul-15 12:32:00

That's good to hear.

stuckinahole Fri 03-Jul-15 12:43:52

Sorry to hijack. Finbar can you elaborate on what you mean?

I'm interested in this subject

Thank you

FieldTrip Fri 03-Jul-15 13:03:38

I work in a school and we have 3 people on the staff who have abh convictions from when they were teenagers, so it doesn't need to mean the offer will be withdrawn.

I only know this because I do the checks. Once the decision regarding recruitment has been made, the check is destroyed - we're not allowed to keep anything that has positive information on it, so it won't even be on his file.

Has he heard anything?

buttonmoonboots Fri 03-Jul-15 13:33:44

Why did he not declare it on his application?

Finbar Wed 08-Jul-15 18:18:45

Hi stuckinahole. Sorry I haven't been back to this thread so I've only just seen your post. Happy to answer any queries. You can PM me if it helps.

Astrid28 Mon 13-Jul-15 13:39:08

I had a caution from when I was 18. I never realised it woul show up on a check when I was in my thirties but it did and I had t declared it.

I explained to my employer the full circumstances of the caution and that stupid as it seems now, I hadn't realised how official it was (the policemans words at the time were, 'I'll let you off with a caution and hopefully the next time I see you will be in the pub.')

I was mortified and so upset but work were really understanding. I'm still there now and the caution didn't show on my latest DBS so I think it's expired?

I hope your DH's employers were understanding and it turned out well for you too OP.

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