The filtering rules set up following Supreme Court’s judgment in R (On the application of T and another) [2014] UKSC 35 mean some cautions and convictions can be filtered from standard and enhanced DBS checks after a period of time. Convictions for specified offences, custodial or suspended sentences and multiple convictions could not be filtered.
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We’ve learnt today that the Ministry of Justice are planning to bring section 56 of the Data Protection Act (DPA) 1998 into force on the 1st December 2014. There’s more information about this in an update on our Information Hub.
Our Christopher Stacey has written a piece for the blog Left Foot Forward, arguing that the requirements for life-long disclosure of minor cautions are disproportionate. You can read the article here.
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The Supreme Court has today ruled on a landmark case, referred to as T. The full judgement can be downloaded here: [2014] UKSC 35.The two individuals involved in the case had originally appealed against the decision to disclose details of their criminal records in job applications. The individuals had been issued warnings and cautions several years ago,
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We’ve written an article for The Justice Gap, arguing that the ‘filtering’ process doesn’t go far enough. You can read the article here.
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This update is taken from our Information Hub Following our complaint to the Information Commissioners Office which recently led to the Disclosure & Barring Service signing an undertaking to update their application form, we have now had it confirmed by the DBS that their application form has now been updated. A copy of this is below. As you
This update is taken from our Information Hub We know how complicated the criminal records process can be. The ‘filtering’ process that came in in May 2013 has been quite a culture shock to many people who were previously told that all cautions and convictions would come back on standard and enhanced checks. At the
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We’re pleased to report that the Information Commissioners Office (ICO) has today issued a press release which sets out their ruling that the Disclosure and Barring Service (DBS) has breached the Data Protection Action after failing to stop collecting information about criminal conviction data that was no longer required because of a filtering regime that
This update is taken from our Information Hub Since the introduction of filtering in mid-2013, our helpline has been constantly asked “is my conviction or caution eligible for filtering?” In some ways, this has been an easy to identify. When was it? Is it your only conviction? How old were you at the time? However,
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This update has been taken from our Information Hub December has seen a couple of updates from the Disclosure & Barring Service regarding the filtering process. Nothing has substantially changed – it’s simply that the DBS are trying to improve the way that they’re explaining how the filtering process works. So what has changed? Firstly,
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We were delighted to be asked by NIACRO to visit them in Northern Ireland to speak to their team about the developments (and challenges) in England & Wales regarding criminal records and disclosure. We also took part in the Justice Series at Stormont, where we spoke about the lessons that could be learned from England
Ever since we published our Information Hub guide on the new DBS filtering process, our Helpline has been receiving queries left, right and centre about the filtering process and how it applies to them. It’s fair to say that, in lots of cases, it doesn’t help, because they have more than multiple convictions over many years,
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