Disclosable information.

[geoffrey]

A young adult gave a 'V' sign to a police CCTV camera that focussed down to watch him when he was just talking in the street. The police came and he was told that he had committed an offence but he accepted a £80 PND ticket fine but when he was told that it would be for 'Outraging public decency' he refused to accept it and was arrested and charged with that offence. Within minutes of the court case starting the magistrates said 'Case dismissed' but he has been informed that it could still be disclosed on any future enhanced level CRB.
He has a very good job working with children and the name of the offence sounds far worse than it is, so what are the facts?

[enquirer]

Re: Disclosable information.

A young adult gave a 'V' sign to a police CCTV camera that focussed down to watch him when he was just talking in the street. The police came and he was told that he had committed an offence but he accepted a £80 PND ticket fine but when he was told that it would be for 'Outraging public decency' he refused to accept it and was arrested and charged with that offence. Within minutes of the court case starting the magistrates said 'Case dismissed' but he has been informed that it could still be disclosed on any future enhanced level CRB. He has a very good job working with children and the name of the offence sounds far worse than it is, so what are the facts?

As the case was dismissed, he has no criminal record and should not therefore turn up on PNC. It is however possible that he has been maliciously entered on the Register of Sex Offenders (this has been known).

Make an SRA (Subject Access Request), under the Data Protection Act, to the Police, requiring them to disclose all documents that they hold relating to him. As the case was thrown out, they can't claim exemption for 'operational reasons'.

After that, it might pay to make a formal complaint and perhaps to consult a solicitor specialising in actions against the Police, with a view to compensation for false arrest and malicious prosecution.

[geoffrey]

Re: Disclosable information.

Chapter 2. His employers knew nothing about this case until the court had dismissed it but somehow it got to the safeguarding body and he has been suspended pending investigation. His solicitor said that the law would not consider it to be unreasonable to refuse to employ a children's worker who had been arrested for that particular offence as the words implied indecency, whatever actually happened and the case was dismissed and it was not a 'not guilty' verdict.

He now has to try to get the record removed from the safeguarding system records and his solicitor is reasonably optimistic. The solicitor also believes this breaches his human rights as he had done nothing, and has been suspected of doing nothing that could possibly make him a risk to children.

[des8]

Re: Disclosable information.

, whatever actually happened and the case was dismissed and it was not a 'not guilty' verdict.
.

I understood that a "case dismissed" meant that the case had not proceeded to trial and so would not appear on your record.
A "not guilty verdict" meant the trial had proceeded, and there was insufficient evidence to prove guilt and although the the accused was "not guilty" the trial and result was recorded and would show on a search.

[geoffrey]

Child protection data barring.

I young man was annoyed by a CCTV camera looking at him and he gave it a 'V' sign. Police officers offered to deal with it with a PND ticket fine but when he saw the words 'For outraging public decency' he refused to accept it and it went to court. The magistrates dismissed the case but now the young man has been notified that an application has been made to get him listed as being unsuited to work with children due to the words ' Outraging public decency'. What can he do about it? He is a school teacher.

[wales01man]

Re: Child protection data barring.

Has this been on LB before?

[Johnboy007]

Re: Child protection data barring.

If the magistrate dismissed the case, then there is no case to answer.
The chief constable of the area where he lives is responsible for applications of this sort.
He makes the decision whether a PND goes on a person's file.
If the application is accepted, then he should contact the chief constable and ask for it to be removed.

[Johnboy007]

Re: Child protection data barring.

Here is a link to a page that will give you all the information you need on PNCs and PNDs.
http://www.genewatch.org/sub-567725

[des8]

Re: Child protection data barring.

Has this been on LB before?

Possibly twice, and perhaps even thrice
: http://www.legalbeagles.info/forums/...ht=#post455663
http://www.legalbeagles.info/forums/...ht=#post466183

And is this the same case?
http://www.legalbeagles.info/forums/...ht=#post466183

[Johnboy007]

Re: Child protection data barring.

Perhaps OP didn't like the previous replies......????

[wales01man]

Re: Child protection data barring.

JB Probably right there we would all like the answers we want to hear if this is the case the Answers wont change

[Kati]

Re: Disclosable information.

Both threads have been merged so all the useful information is kept together :tinysmile_twink_t2:
[MENTION=45748]geoffrey[/MENTION] ... has the young man in question appealed about his name being listed??

Kati x

[Crazy council]

Re: Disclosable information.

Its not just the police file, there is a secondary set of files, i think managed by the local child saftey protection board, whats written on these about people can be astonishing.. and these can be accessed by council, soscial service, schools ( to some extent ). At least the police files have rules, these dont. and its only when you challange these that you find out how general council officers opinions are on them.

OP. i would enquire with teh LSCB ( or whatever your local one is called ) for the person, make sure thats cleaned up.