Case study – Maryam – I successfully challenged the police over the disclosure of my filtered caution

Maryam contacted our helpline for information and advice after a caution which had been filtered by the Disclosure and Barring Service (DBS) was disclosed as police intelligence on her enhanced DBS certificate.

She explained that in 2013 she had received a caution for ‘Falsely representing self to possess a qualification in nursing/midwifery’. The caution had arisen after a nursing agency Maryam had been signed up with had accidently sent her to a job which required a registered nurse despite Maryam not being officially qualified to carry out all of duties asked of her.

She had recently applied for a job as a healthcare assistant and had been told by the police that they believed it was necessary for her filtered caution to be disclosed as ‘police intelligence’ on her enhanced DBS certificate.

The helpline advisor explained to Maryam that she should dispute the disclosure of the information with the police and if the police refused to remove it, then she she challenge the disclosure through the DBS Independent Monitor. The advisor highlighted some of the things which Maryam should include in her letter to the police, namely that some of the information disclosed was factually incorrect which Maryam could evidence.

Maryam sent her letter to the police and contacted Unlock several months later to say:

“Great news, the police have finally removed the information from my enhanced DBS certificate. Thank you so much for all your support and advice, it’s really appreciated.

 

Lessons

Although we are aware that the police can disclose filtered cautions/convictions if they believe they are relevant to the job an applicant is applying for, this was the first time we had seen this happen. As Maryam had evidence to show that some of the information was factually incorrect, we felt it was important that she challenged the disclosure with the police.

Links

 

Notes about this case study

This case study relates to Unlock’s helpline.

Names and details have been changed to protect the identity of those involved.

Published July 2021.

 

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