Get justice for innocent people left unemployable after police checks!

by Mr B

Get justice for innocent people left unemployable after police checks!

by Mr B
Mr B
Case Owner
A teacher with an impeccable record for over 15 years made unemployed following a long and excessive wait for a DBS that arrived with incorrect and bias information which should not have been included
Closed
on 18th April 2019
£50
pledged of £3,000 target from 1 pledge
Mr B
Case Owner
A teacher with an impeccable record for over 15 years made unemployed following a long and excessive wait for a DBS that arrived with incorrect and bias information which should not have been included

‘Many innocent people have been made unemployable in their chosen profession after police have included tenuous allegations or false information about them in a DBS certificate’


I lost my beloved teaching career following an unlawful disclosure by the police.

Please support my legal challenge to hold the police to account for data protection and misuse of private information that has destroyed my career. Contribute now and share this page with your family, friends and on social media. Thanks so much for your support. 

I am a qualified teacher and I have taught business studies and computer science in secondary schools for around 16 years. My career came to a sudden end when the police unlawfully disclosed details of false allegations against me in response to a Disclosure and Barring Service (‘DBS’) check (these were formerly known as ‘CRB’ checks). 

I lost my beloved teaching career following an unlawful disclosure by the police. 


Case Background

As a teacher, I was required to undergo periodic checks by the DBS to ensure my suitability to work with children.  Those checks are quite rightly necessary to ensure that children are protected from those who may pose them a risk.  

In 2013, my employer requested an Enhanced Criminal Record Certificate (‘ECRC’), but when it was eventually issued in September 2013 it included ‘non conviction’ information which had been passed to the DBS by the police. The information related to two malicious allegations made against me by pupils, one in 2005 and another in 2013. Neither allegation was substantiated and the police and the teaching regulator had both concluded that no action should be taken against me.  

I was shocked that this information could be shared with my employer, despite having already cleared my name.  I pursued the DBS disputes process and finally, in 2015, I succeeded in having the information removed from my ECRC on the basis that it was irrelevant to my work.

Although I am now satisfied that this information will no longer appear on my ECRC, the consequences for my career have been devastating.   Due to the delays in the police removing the information from my ECRC, I lost the career I loved and I have struggled to work in my chosen profession.  The process has been frustrating and stressful and has caused me significant financial loss. 

The police should have known at the time of disclosing the information that the allegations were unsubstantiated, out of date and in any event extremely minor and should never have been disclosed. I am concerned that others should not have to go through a similar experience.


Potential legal claims

I am considering whether I may have a claim under the Data Protection Act and/or for ‘misuse of private information’ arising from the police’s handling of my personal data.  
The Data Protection Act 2018 requires data controllers including the police and the DBS, to process data fairly and lawfully.  Where there are breaches of those duties (for example, where data is unlawfully shared) it may be possible to recover damages (financial compensation) for any distress and financial losses which flow from those breaches.  

I also want to consider whether I might have a claim against the police for misuse of my private information.  Such a claim may be possible if I can establish that I had a ‘realistic expectation’ that the allegation information would be kept private and the police breached that by disclosing the information.  If I were successful in such a claim I could be entitled to damages for the breach and the distress, anxiety, injury to feelings and embarrassment I have suffered; and for financial losses which were caused by the breach.  


How much am I raising and why? 

Legal aid is not available for this sort of case, which is why I am fundraising through CrowdJustice. I hope to succeed in holding the police accountable for their actions and to pay compensation for the losses I have suffered.  My initial target is £5,000.  This will enable me to instruct a solicitor to review the evidence and to instruct a specialist barrister to advise on the merits of my case.  

This issue does not just affect me, it affects many people every year who are required to apply for an ECRC as part of their profession.  Irrelevant and unfounded allegations are regularly disclosed on ECRCs, leading to people losing their jobs, with significant financial and reputational repercussions.  

Thank you for taking the time to read my page and hopefully, to support me in trying to seek justice.

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