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  • Enhanced Data Barring Service check

    Hello folks,

    I'm a new member here. I have read through a lot of the threads on here already but I was not able to find exactly what I am looking for (though, it may be here, I just did not find it).

    22 years ago, I was falsely accused of rape. I was a graduate student at the time and she was an undergrad at the same uni. Our 'story' was brief but, for me at least, meaningful. We were intimate on a number of occasions and always with her consent. Over time, we stayed friends but drifted a little apart and she quite quickly found a new boyfriend. However, when he, the new boyfriend, found out about the previous relationship I had had with his now girlfriend, his jealousy couldn't handle it. Two things happened: One, he attacked my car causing major damage to it. Obviously, I reported this to the Police. They worked out who had done it fairly quickly (CCTV helped). Arrested him and asked him why? He said it was because I had committed rape with his now girlfriend. Two - upon his release from detention, he illegally accessed the university email system and sent an email to ALL people on the campus repeating his allegation of rape and advised all other 'victims' of my actions to report me to the police. Suffice it to say, nobody came forward to corroborate the accusation but, the stigma was attached.

    About a week passed (a very long week) before I was approached by the Police who telephoned me and said they wanted to speak with me 'just for a chat' at the Police station 'whenever it suits you'. I went immediately. Obviously, my heart was pounding out of my chest when I was waiting at the station. Nevertheless, I was interviewed by one, young female police officer in what could only be described as a kind of waiting room - certainly not a room where any kind of 'official' interview would occur; she made no notes, no recordings were taken and I signed nothing. She said after a ten minute chat (about the damage to my car mostly) - and I think these were her exact words - 'The matter of the accusation is now closed'. As simple as that. I upped and I left. Sharpish!

    I later heard that the guy who attacked my car was officially cautioned by the police and released. I took him to court for criminal damage (he didn't show up). I was awarded full costs of the damage by the judge. The guy never paid. The mutual 'ex-girlfriend' disappeared from the university.

    As I said, this was 22 years ago. I left the UK shortly after all these events occurred. I needed to be away from the very bad memories of this event. I have not lived permanently in the UK for almost quarter of a century now. I am now very happily married for many years, living in continental Europe, I have never had any other dealings with the police at all. I have lived and worked literally all over the world. This, I would not have traded for anything. So, I see this as my 'recompense'.

    To my point: I have been offered a temporary job (I work in education) in the UK. This is with teenagers/young adults. I have had CRB checks before for previous temporary summer jobs in the UK and I have never been informed of anything untoward appearing on my CRB reports and I have worked unhindered and as planned. However, the DBS has come into play since I last worked in the UK and, for the job I have been offered, an Enhanced DBS needs to be obtained. This, from what I understand, is a much more thorough investigation of a person's previous dealings with the law than the CRB checks. i.e. there is the potential that the police may still hold information about me relating to the false accusation.

    What do you think the chances are of the police including in the DBS Certificate something relating to the events of 22 years ago? I repeat again, I was never arrested, no charges were brought, the matter was opened and closed within a week to 10 days and it was my accuser who ended up with the criminal record.

    Your kind advice would be most appreciated. Best wishes to all and stay strong

    Jim

  • #2
    Hello Jim...

    I'm sorry to hear that a false accusation is still haunting you after all these years but hopefully with the passage of time, you should have little to worry about.. [ This should also be something to note for those convinced that "jimmy Savile was to blame" for their predicament - while Savile did apparently cause a small "spike" in crime stats, a false accusation has for a long time been easy to make... this usually happens in private... think about it!)

    The best advice I can give you ( thanks to PAFAA's legal advisor) is to join the DBS update service which costs £13 per year. This should hopefully give you early warning of anything that may be disclosed in a DBS check - which is largely down to the police who are often clueless and undertrained.

    If anything is disclosed that can be legally challenged then there is a huge legal industry built around this.

    If you need further advice then please ask
    For reliable legal aided advice in the London or home counties area, contact Harvey Fox of Freemans Solicitors, London. ( Private clients nationwide) :
    https://freemanssolicitors.net/team_members/harvey-fox/


    To join secure closed forums for those falsely accused of historical sex offences visit https://pafaaorg.wordpress.com/


    For help and advice with appealing convictions visit https://pacso.co.uk/pafaa-pacso-forums/

    Comment


    • #3
      I was the subject of a false allegation four years ago. The complaint against me was dropped after I produced evidence which undermined the allegation against me and subsequently led to my accuser being arrested and charged with fraud.

      As I work in the social care profession, I was worried about whether the allegation would appear in my DBS. I understand it is down to the discretion of the chief constable in the police area where you live. It will also depend on what type of job you have applied for. From what you have said, it sounds like the police never took the allegation seriously but the police can still include any information such as unfounded allegations on a DBS if they think it is relevant to the post you are applying for.

      Unfortunately, you are not going to find out whether it will be included without having a DBS done first but if it is included, you can challenge the Police about why it’s been included. One way might be to register with an agency and have a DBS done through them first and if it does appear, the worst situation is they don’t find you work but at least it hasn’t gone directly to an employer.

      Fortunately, the allegation against me has never showed up but it took a lengthy complaint against the police before having a DBS completed to argue that it should not be disclosed. By the sound of things, I am not sure what kind of basis they could justify including the allegation against you but I’m not an expert!

      I can totally understand your worry about this though as it’s a serious issue and could potentially cause you a lot of problems if it is disclosed.
      Last edited by slowdown73; 26 February 2018, 10:00 PM.

      Comment


      • #4
        Thank you Peter

        Thanks very much for taking the time and effort to reply Peter. I checked the website you mentioned. I think it is not what I am in need of but I thank you all the same.

        Cheers,

        Jim

        Comment


        • #5
          Thank you Slowdown

          Thank you very much Slowdown,

          Yes, it is a potentially hazardous situation for me. I am currently awaiting the results of the DBS I needed to apply for to secure the employment in the UK I mentioned in my original post (it's been just over a week now). The upshot is, because I do not live in the UK, the DBS needed my permission to send the certificate directly to the employer as they do not send them overseas. This means the employer will see the results before I do. Hence my concern. But, failing to agree to having the certificate sent to the employer would only ring alarm bells with them, I am sure. So, Catch-22.

          You mentioned Slowdown that you had to challenge the DBS info that the police had. May I ask, did it actually state the nature of the allegation, or does a DBS certificate state only the dates and the fact that it was NFA? I admit, I am wholly ignorant of these matters.

          Thank you again and best wishes,

          Jim
          Last edited by jimmy_s; 27 February 2018, 12:09 PM.

          Comment


          • #6
            One thing you need to consider is that all those years ago , not everything was put onto a computer and based on the chat in the waiting room , I was suggest that you have little or nothing to worry about , secondly you was never taken through the court process , I would take a good guess at you having nothing to worry about....and rightly so.

            But the only way you will put your mind at rest will be go for the DBS and see what comes back .

            Comment


            • #7
              Hello again,

              Well, after what has felt like an extremely long month, today I received my Enhanced DBS check (which was sent to my future employer as I am not living in the UK and which they scanned and emailed to me.) It is all clear. No record of any police activity at all.

              I cannot tell you how relieved I am about this. I am now looking forward very much to doing the job in the UK this summer.

              In a world which is all too often upside down, it is extremely gratifying to know that some semblance of justice remains.

              Thank you to this forum and especially to those who were kind enough to respond to my original post with their wise guidance and concern.

              Good luck to you all and, with your indulgence, I award myself one banana

              Jim

              Comment


              • #8
                I am glad the check is nice and clear. I shall give you another banana I shall be looking for ones in the future.

                Where did you get the "wise guidance and concern." Sure it was not from another site

                Pond31

                Comment


                • #9
                  You deserve more than a couple of bananas. Here's my usual allotment.



                  I'm so glad you found the site useful.
                  'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

                  Comment


                  • #10
                    Thank you again good people.

                    Jim

                    Comment


                    • #11
                      Thank goodness for some common sense....

                      I wish you every happiness and success in your future endeavors

                      For reliable legal aided advice in the London or home counties area, contact Harvey Fox of Freemans Solicitors, London. ( Private clients nationwide) :
                      https://freemanssolicitors.net/team_members/harvey-fox/


                      To join secure closed forums for those falsely accused of historical sex offences visit https://pafaaorg.wordpress.com/


                      For help and advice with appealing convictions visit https://pacso.co.uk/pafaa-pacso-forums/

                      Comment


                      • #12
                        Thank you very much Peter.

                        Jim

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