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

I als know teacher with assault convictions. People make mistakes.
I agree it’s down to your job and head teacher interview.

If you are convicted of fraud it will effect your job and your ability to become a teacher. Fraud is one of the crimes that is on a list that suggests that you can’t be a teacher. A conviction for fraud will also see a teacher being barred TRA.

If you are convicted of something else it may be worth disclosing and then discussing. But it will always be at the discretion of the employing Headteacher.

Sorry, missed a phrase. Fraud, specifically is. “Relevant offence” which means you can be disqualified from working under the childcare act. Assault can be, but it depends on that actual charge (assault, Abh, affray, gbh)

convictions from many years ago. As someone said in their youth, are allowed to be ‘filtered’ or have some discretion as long as there is no evidence that there is anything recent.

I just use the term investigator as I don’t know what his title was.

The proper title is a blue badge inspector working for the council.

This is correct and also applies to teacher training institutions who will make you get an enhanced DBS too. If anything comes up on DBS it is discussed case by case and you get a chance to explain yourself.

People with far far worse things than this are allowed to train and to teach, just fine.

My advice is, tell them yourself in advance don't wait for them to learn it from the DBS coming back.

Also make an appointment and tell your current headteacher yourself ASAP. If you are a valued and trusted colleague they will support you.

My appearance at court is tomorrow so as soon as I know what I’m charged with I will tell the Head.
Also, does this affect things like car insurance?

You should tell the Head before the appearance. Do you not need the day off? Court proceedings are public record, the Head should find out from you.

@Elsanore there may be convictions we consider worse, but Fraud is considered a relevant offence under the Childcare Act. Teachers are pretty much automatically barred from teaching for it (there is a process through TRA, but you can’t teach with a relevant offence).

So basically I will lose my job once the Head finds out?

You are wrong.

Teachers can only be asked about spent convictions and cautions that are not eligible to be filtered. Since 2013, DBS checks do not include all convictions and cautions. Most convictions are removed after 11 years, cautions after 6 years (quicker if the offender was under 18). Further, an employer cannot have a blanket ban on employing anyone with a conviction on their DBS. They must consider whether the conviction is relevant to the role. If heads were to ban anyone with a traffic offence on their record, the shortage of teachers would be even worse than it already is. So no, this offence will not bar the OP from teaching, although she should ensure that she discloses it to any potential employer for the next 11 years until it disappears from her DBS check.

All you can do is explain the circumstances and that you hadn't intended to park and leave the car but were only trying to control your children for a few minutes. For jobs you may be best telling them if it appears and explaining it.

@prh47bridge Is this the same for the 'enhanced' DBS check needed for nurses or care workers. I assumed they were the same My recent enhanced one a couple of years ago was clear as I've never even had a speeding fine and I assumed nothing was ever removed from the enhanced check.

Does it mean serious offences are removed?

I have to undertake an enhanced dbs for work.

Yes, it is the same for all enhanced DBS checks. There is a list of serious offences that are never removed from a check, but the vast majority of offences disappear 11 years after sentencing or 6 years after accepting a caution.

Hey OP,

Firstly, I can't believe you're even been charged and have to appear in court. I know there's a few people here who are saying you deserve it but you made a stupid decision and you're really paying the price for it. And for the ones asking why it was in her glove box, maybe her car is the only one her dad gets in and therefore leaves it in the glove box?

Secondly, I've changed my name to respond. I have a criminal record for doing something stupid. I'm not a teacher but I just wanted to come and say that I've since had good jobs. My employers have always known and understood. They are human after all and have probably made mistakes themselves. No one's a saint.

I know how scary it is appearing in court. You'll be terrified. It was genuinely the worst moment of my life and I don't even think about it anymore because the thought of it makes me want to cry. You feel like a really bad person stood there. But it won't last for very long and you'll get through it. Have you got a solicitor to represent you?

If you do get a criminal record, which if you're pleading guilty I would imagine you would, then it will feel like the end of the world but I promise it's not.

Also I don't want to scare you but put your hood up going in and out of court. Depending on what's going on that day local journalists might have nothing better to report on than your petty crime. (Although there's a lot going on at the moment so you should be ok). I didn't and the local papers printed a lovely photo of me.

I wish you all the best. I know how scary it is. You made a mistake - you don't deserve to lose your job and make yourself ill with worry xx

Indeed, you do. If you are convicted, this offence will appear on DBS checks. Given the nature of the offence, the conviction will disappear from your DBS check after 11 years, regardless of whether you are convicted of fraud or some other offence.

Having an offence on your DBS is not an automatic bar from teaching. An employer receiving an enhanced DBS must consider whether the conviction is relevant. They cannot simply exclude everyone with any conviction information. A minor conviction such as this is not enough to deem you as unsuitable for teaching.

Thank you so much for that! I’ve been in tears since I received the letter about the court appearance.
I know I will lose my job and the worst thing is and I won’t be able to peruse my career in teaching.
I haven’t told anyone about this as I really don’t know what to say!
I do not have a solicitor but I have been advised that I can speak to the duty solicitor tomorrow.

Wrong way round. It is, in general, serious offences that are never removed from DBS checks. The offences that will never be removed are listed at assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/756791/List_of_offences_that_will_never_be_filtered_PDF_.pdf. Any offence not on that list will be removed from DBS checks 11 years after sentencing or 6 years after accepting a caution.

Please listen to me and @namechangeagain123456

It is highly unlikely that you will lose your job. This is a minor conviction. It is highly unlikely that it will bar you from teaching.

What is the exact offence with which you have been charged? I know it is about misuse of a disabled parking space, but what is the offence? The letter about the court appearance should state exactly what the charge is.

@prh47bridge Fraud continues to be counted as a serious “relevant offence” for working with children and therefore is not subject to filtering. Teachers are barred from teaching by TRA if they have a fraud conviction.

Yes it depends on what that actual charge is.

Good luck OP. You made a silly mistake but you certainly don't deserve to lose your job over it, and from what prh47bridge says it sounds like you won't thankfully.