To ask if my sons criminal record can effect my job?

[SandraDea]

My son is a troubled teen with a suspected MH issue and frequently in trouble with the police.

My job is working with children within a school environment and my friend seems to think that my sons behaviour could somehow effect my job because I work with children.

I don’t see how as I obviously don’t have a criminal record and have a fully enhanced DBS check.

Should I be worried?

Absolutely not. Your friend is talking rubbish

It used to be that you could be disqualified by association, but that only applies to childcare on domestic premises, ie, a childminder.

So, in short, no, it won't be a problem for you.

Fantastic- yes thank you that’s what I thought, but it made me think and second guess myself

I know it can be a problem if you're a childminder and he's allowed on the property but I can't see it being an issue in the job you describe.

I think that would only ever be an issue if you wanted to work in say a Government building or something where to get full security clearance they look at immediately family as well.

I’d double check with your employer. We got told this when I worked in a school

Keeping Children Safe in Education, September, 2018, made it clear that changes meant that disqualification by association in schols no longer applied.

You should be OK

The criminal record if other peop,e inky impacts on you if it is relevant to your job. So if you were childminding form home it might have in impact. In employment away from home it should make no difference at all (except perhaps for one of the most highly vetted government sneaky beaky jobs where they are allowed to check co-habitants (and make it clear that they do so)

Well it certainly affected my SIL when the school she worked in found out that her husband had been inside.
So all of those saying your friend is talking rubbish are actually incorrect.
With my SIL it was something to do with the age of the children she looked after.

Pink - oh dear that’s worrying, I work with all ages from 5 years upwards

Didn’t the Government try and bring this in for the teaching/ childcare professions, but as others have said it now only applies to people like childminders in domestic premises. Wasn’t it as a result of the nursery nurse who took photos of the children for her partner.
It’s called disqualification by association.

Of course not! Your friend is being ridiculous - surely you have enough to worry about without false speculations about your dbs check!

I work in a school and I am sure I've had to sign a declaration that I don't live with anyone with a criminal record....

Just googled. ..law was changed in September 2018 so you're fine.

www.safeguardinginschools.co.uk/disqualification-by-association-september-2018/

This gives relevant info OP.
You should be fine.

Ok so some mixed responses! Maybe it’s down more to school policy in some cases rather than legalities

Inacheeseandpickle

Too bloody true ! This would tip me over the edge if I lost my job because of him too!

I’m a teacher, Charmatt is right, and your friend would have been pre 2018.
It was a new rule that you had to declare all criminal convictions held by people living under your roof if you were a teacher, some would automatically disqualify you and others were a matter for discussion and agreement amongst the head, governors and whoever else.
Then they changed the rule.

I suppose it depends on the circumstances. I know someone whose partner was investigated for something (to do with children) and they couldn't go into work at a school while the investigation was ongoing. Essentially, they ended up on something a bit like 'garden leave'.

I signed a declaration too, Bigearrings.

Until very recently if you worked with children you had to declare if someone you had a relationship with (any type of relationship) was arrested/charged with a crime, or if social services became involved with your children. The dsl would then decide if it needed to be referred to ofsted.
This changed a couple of months ago I think due to the Gdpr and data protection, we are now no longer able allowed to ask workers as part of their supervision of their family circumstances, just their own

If you go on ofsted website there is an updated publication which reflected this

However as an aside you need to check you house insurance as often it won’t cover you if someone had a criminal record.

I thought all people that worked with children were checked now?

Yes, Looneytune. We all have an enhanced DBS that shows any criminal convictions we have. The point being made is that they tried to make guilt by association a law.

I think the key may well be what the criminal record is for.

As others have said, unless the school has a specific policy/something in your contract, then you do not have the same 'by association' now in your job as your son does not have access (i.e. he is not at work with you like he may be if you were a childminder).

If however the criminal record is for something like child related then it may be better to mention it.

the by association thing does apply to school staff, yes. Everybody at my school has to declare annually if they are living with somebody with a criminal record.

This is from NACRO:

f you know that someone who lives or works in your household is on the children’s barred list, or has an unspent conditional caution or conviction for a relevant offence, you should declare this on the declaration form. However, you only need to provide information to the best of your knowledge – you are not required to seek additional information from someone living or working in your household as this could amount to a breach under the Data Protection Act.

ATL - the teaching union have this advice:

www.atl.org.uk/Images/adv79-disqualification-by-association.pdf

your friend isn't talking nonsense but it does depend on the offences.