Criminal record and teaching

[Luckz66]

I am a teaching assistant hoping to complete a PGCE in the next year or so.

I misused my fathers blue disabled badge (parked in a disabled bay for quickness and placed the badge in the window as my children were fighting in the back of the car and had to calm them down) and have a court hearing this week.

Is it possible I could still become a teacher as I believe this is a fraud offence?

Thank you

Nah. Chill you boots. It's a civil offense. 😀

I meant to say nah you will be fine! It won't stop you doing anything. Civil offences don't show up of DBS of any kind.

It is a criminal offence.

I don't think it affects DBS but you will need to declare the offence if convicted, probably.

I may be wrong but...The problem with teaching is that it is profession to which the Rehabilitation of Offenders Act does not apply. You have to have an enhanced CRB check completed. Basically no matter how old any conviction or caution is, it can never be treated as "spent" if you want to teach.

You may still be able to teach but you'll have to explain any convictions to the head. In all likelihood, a head wouldn't chose a person with a conviction, especially as it's classed as "dishonesty" which is considered problematic as it amounts to your character.

Now called DBS.

unlock.org.uk/advice/teacher/

It is described as such yes, especially by the councils who issue them, as i think they do have discretion? .. but in most cases with civil enforcement. As with most traffic regulation contraventions.

And all criminal prosecutions come up on an enhanced DBS, even spent ones. So there's no such thing as a criminal prosecution that simply doesn't show up, for that to happen it's civil.

According to this site, you would be prosecuted under the road traffic act for misuse, only as fraud for printing your own, using one belonging to someone who had died, etc. Check that you are being prosecuted under the correct act and use this in your defence if necessary.
www.wellsburcombe.co.uk/blue-badges-misuse/

Yes, it would show up on a DBS. You have also probably signed something committing to declaring any convictions/prosecutions to your current school, so be aware of that!

Expect some awkward conversations at interview. The DBS can be vague but should show the reference to the road traffic act, not just fraud. I can't see many headteachers turning down a candidate for that reason alone.

It’s seriously making me ill…. I’m a 37 year old single mum of three and can’t believe I have been so stupid. I’m having no sleep and it’s all I think about.
It was a moment of madness when I used it and have only misused it that once

Assuming you are a ta in a school you must already have an enhanced dbs or you wouldn't be allowed to be alone with children.
There is no difference safeguarding wise between teaching staff, ta's, admin staff or caretakers, the dbs is the same.
Therefore you are fine unless this happened recently and you didn't declare a conviction or caution to your school.

Even if it were to show on a dbs it does not mean you are automatically excluded.

Can't you use it on behalf of your father ie. If you were shopping for him, collecting medication etc.

You also need to be concerned about your dad - has he allowed you to use the blue badge wrongly? Why do you even have it? Do you normally drive him around and that’s why you have the card?

Only if he is in the car, I believe.

Is your hearing in the magistrates’ court and what is the wording of the charge / offence?

You will need to declare it to your current school and any prospective IF charged.
Do not try to hide it as honesty will go a long way. It won't stop you from teaching especially in the current climate, but it may stop you if strong competition for particular places.

Teaching is a profession and you need to be of good character. If I saw that on a DBS it might make me think twice about your professional values and ethics. However you would be amazed at some of the things that people who are working in the professions have on their DBS. Social workers often go into that profession after a difficult start. The problem isn't the university course it is getting people to accept you on work placement with that on your DBS. That's always the tricky bit.

Even in your current role you will need to declare this as a new conviction.

Yes, it will show on an enhanced DBS and could well stop you from teaching. If you are interviewed alongside other candidates, employers are more likely to choose someone without a conviction. You will also need a new DBS at university when you do the PGCE.

It is a criminal offence:
“Misuse of genuine badges. This means using the badge when the holder is not present. Some people who fall into this category think (wrongly) that what they are doing is not fraudulent. A few will have failed to understand the restrictions on use, but most will chance their luck on the basis that it can be hard to prove. Either way, this is still a criminal offence; it can lead to prosecution and a criminal conviction.”

You haven't been convicted of anything yet though OP, if the court hearing is this week.

The worst thing that will happen is that it could be disclosed on your DBS certificate that you were convicted of [offence title] on this date at this court. Its the discretion of the employer about whether or not you get the job. But honestly is the best policy and its best to declare anything rather than have it come out of the wood work later.

With people applying to work with children, the main concern is if the offence involves or is against a child, which yours is not.

This is what letter states

This is what letter states….

Was the badge not valid anyway? Has it been cancelled since? Will you admit the offence.

Aww really don't be! I have a colourful juvenile record and I need an enhanced DBS. I have been open and honest with every job, and It's never once gone against me because I've been honest.

You don't have to go into detail with your employer, you can simply say you have a motoring offence involving an unfortunate incident with your dad's blue badge. They just want to know they are safe to employ you and they still will be 😊

I have pleaded guilty because I am… I used it when I shouldn’t have