Lied to by police re: Community resolution implications

[Megifer]

Hi

As the title says really. Just over 8m ago my DC did something daft - bit unpleasant but nothing that thousands of school kids dont do every day - that got them into a bit of trouble with the school PC onsite.

Long story short they were advised (without me being present or offered the opportunity) to write an apology letter to the other kid. Other kid should have had the same as far as I was concerned as it was tit for tat type stuff but I let it slide.

At the time I was told it was "restorative justice" and was to put the frighteners up DC a bit and it wasn't a record of any sort, wouldnt show up anywhere except a local database so if they did similar in the area before they are 18 they might not get off so lightly- fine (although the heavy-handed approach i.e. speaking to DC on their own despite me living opposite the school, shouting, threats of prison and evading certain q's from me about the process etc is another story).

I've since found that its called a Community resolution and would infact show up on an enhanced DBS check for the rest of their life.

I'm beyond furious that I was lied to and it all makes sense now that when I mentioned getting a solicitor to advise - after they were told to do the apology letter and give a copy to the police for their records which I thought was odd - that they almost mopped up and then decided to get me involved to diffuse it all.

I feel so stupid that I trusted what the PC and the school told me and im gutted this could affect DC employment in future.

Is there any way I can challenge this at all after all this time?

Thank you.

Without knowing what had happened in the incident - its difficult to judge what the PC has done is right or wrong. Any witnesses, CCTV etc etc

As far as I am aware such RJ resolutions don't show up and get wiped after so many years in any case.

Police cautions can show up, but they are a bit more involved and follow a more formal investigation. RJ was designed a simple & quick solution to a minor incident which will not reflect on the young person involved. The emphasis is not to criminalise the young and put them at a disadvantage.

The only offences that may show up on a DBS check for a young person will be the more serious offences - but you won't be able to RJ them, unless there are special circumstances.

Police intelligence only gets disclosed if the information is relevant to the role applied for - which it often isn't. There is more information about it here: https://unlock.org.uk/advice/local-police-information-2/

Most people would be shocked at what can end up on police intelligence - it includes, for example, findings of innocence (on the basis that just because somebody was not found guilty doesn't mean they didn't do it or are not a risk - which makes the whole inncoent until proven guilty thing a bit perverse).

Thanks for replying.

I don't really have an issue with the PC getting involved, it was a bit heavy handed and i was a bit surprised theyd even bother (it wasn't violence or anything awful, it was tit for tat unpleasant words that escalated a bit - DC got caught, other kid didnt) but they did so no argument from me there.

I'm just wondering if now i know they blatantly lied to me about the impact on any enhanced DBS if there's anything i can do about it now.

I saw something on FB and googled community resolution and it does show up on an enhanced DBS, the school and PC assured me it doesn't but now it seems it does 😔

I'll try and find out for you - but I'm pretty sure it doesn't go on any PNC record.

Community resolution for a minor shouldn't show on any adult DBS

How old was your child at the time? If a minor shouldn’t have been police involvement with them without you or another appropriate adult being present

I'd appreciate that very much, everything I read is conflicting. If it helps I didn't have to sign anything and we weren't given any paperwork or anything.

As I say I'm not disputing the fact that DC was involved in the wrong doing, its more that I'm now upset that DC might indeed have this on their record forever.

I am also still a bit pissed off at how it was all handled tbh it was really heavy handed with DC being pulled out of lessons by a PC and took to a tiny room getting shouted at by a policeman and a teacher while I was sat at home 2 mins away 😔 I had forgotten about it but when I saw the FB post it brought it all back

My son has one for breaking a plant pot. It didn't show up on his enhanced dbs he works with young children. Aren't they wiped at 18

I saw something on FB and googled community resolution and it does show up on an enhanced DBS, the school and PC assured me it doesn't but now it seems it does

Wherever you found this information is wrong.

A community resolution will not show up automatically on DBS checks. It will never show up on a standard check. It can only be disclosed on an enhanced DBS check if it has a bearing on the kind of work your son is applying for.

It is highly unlikely this will ever show up on a DBS check.

Thank you. Am a little more reassured i guess.

Would it be too late now to bring up that I was lied to by the police (who said it doesn't show anywhere whatsoever it wouldn't even show on an enhanced DBS and is only retained on a local database?)

They even said that if we moved out of the area theyd have zero record anywhere its genuinely only on a local database which I now find out is a load of cobblers 😩 I really feel I let my DC down by just wanting it all to go away

Sorry I keep saying enhanced when I think I mean filtered?

Hey OP have a look at Nacro.org …see this: https://www.nacro.org.uk/nacro-services/advice/advice-for-individuals/understanding-whats-on-your-criminal-record/criminal-record-checks-and-disclosure/

A community resolution order is an out of court disposal that may be issued by the police for a low-level offence including theft (under £100), criminal damage (under £300), public order and minor assault.

If you have agreed to comply with a community resolution order, this information will be recorded by the police but it will not form part of your criminal record. You do not need to declare this when applying for jobs, courses, or employment. Community resolution orders are not covered by the Rehabilitation of Offenders Act and do not have a rehabilitation period. They can be disclosed as police intelligence on enhanced DBS checks, but this is unusual.

Anything can show up on police intel essentially on an enhanced if it is relevant for the job being applied for.

‘They even said that if we moved out of the area theyd have zero record anywhere its genuinely only on a local database which I now find out is a load of cobblers 😩 I really feel I let my DC down by just wanting it all to go away’
it isn’t recorded on PNC just local systems so this is true.

How old was your DC when this happened?

Just turned 13

I have a community resolution order and work in a job that requires an enhanced dbs, mine hasn’t shown up on any of my dbs checks

So if it only shows on local databases how could it show up on an enhanced/filtered (or whatever i mean) DBS in future?

Sorry I know I might sound dramatic but I'm angry that I was lied to by the PC. plus, DC has just announced they plan on a career working with vulnerable people where I imagine an enhanced/filtered DBS would be done showing they said something unpleasant to someone else (in retaliation but still....).

Thank you pp for the Nacro link will read now.

You do mean advanced. And it definitely won't show up on any DBS check ever. The statutory guidance is that the police can only disclose information about a community resolution if it is relevant, sufficiently serious, and sufficiently current. This community resolution will be at least 5 years old by the time your son needs a DBS check (if he ever needs one), so it will fail the "sufficiently current" test. From the information you have given, it is unlikely to be sufficiently serious and may well not be relevant.

So if it only shows on local databases how could it show up on an enhanced/filtered (or whatever i mean) DBS in future?

An enhanced check can include information held in local police records. In most cases it won't, but the DBS service will check with the local police to see if they have any information they believe ought to be disclosed on an enhanced DBS. As per my last post, there is statutory guidance setting out the principles used to decide whether to disclose information.

To correct my last post, you mean enhanced, not advanced! All DBS checks are filtered. That is a process that removes most convictions and cautions after a few years.

In the likely event that it does come up it isn’t necessarily a barrier to getting a job working with vulnerable people anyway unless it is somehow relevant. The aim is to prevent people like Ian Huntley from getting a job when they have a long string of accusations but no convictions, not to prevent people with minor offences as teens from working with people.

@Megifer Nacro also offer a helpline and free advice, if you want some reassurance please ring them tomorrow and they can reaffirm what their website says

My son was beaten up by a bully at school who picked on him for his speech problems and this is what the evil teen got.

Evil might be dramatic but he punched him in the face numerous times causing him to be covered in his own blood then pushed him infront of a moving car. And my son got a bloody apology letter.

Ahhh thank you everyone ive calmed down a bit now. Still pissed off I was lied to but more annoyed with myself for not being a bit more inquisitive about the whole process. I just wanted it to stop 😔

Easter sorry to hear what happened to your DS. Believe me if it was anything remotely like that the police would have been the least of DCs concerns. Hope your DS is OK now.

Thank you namechangers, and everyone else, very much 😊