Has anyone got any detailed experience with enhanced disclosures?

[veryfoolish]

Hi all,

 

I created a thread here a couple of years ago and received a great deal of good advice. This is about the same incident, which I'll briefly summarise now. It was one of the Merseyrail 'Feet on Seat' cases, amusingly so because it wasn't even a deliberate action on my part - I was just sitting cross-legged reading a paper and one foot had accidentally touched the opposite seats. What was deliberate, though, was the fact that when challenged I gave false details. I have been well, truly, and rightly, punished for that, but not in the way you might expect...

 

I was summonsed for both offenses, but after writing a letter of apology, the cases were withdrawn. At the time I was told that my details had not even reached the court, so I believed the matter was settled 'out of court' with no possible repercussions or 'criminal record' to disclose. However, this has turned out not to be the case. I have (for reasons set out below) just received the results of a subject access request for local police records. Both offenses are listed there, with the name of the court (they are titled 'Court Result Records') and a result of 'Discontinued Discontinued' (I don't know why the term is doubled!).

 

I made the subject access request because I will soon have to complete an enhanced disclosure for a position that I want very much (and have been working towards for the last two years). Enhanced disclosures can include non-conviction information at the police's discretion. Does anyone here have experience in whether something like the above would be included in an enhanced disclosure?

 

I have also made a subject access request for PNC data but that has not yet arrived.

 

It may seem to any reader that this is a relatively minor matter. However that is not the case. My 'copybook' is already 'blotted' for professional reasons (or rather, 'unprofessional' ones). I have been scrupulously honest about those past failings whilst rebuilding my professional life. The above incident has, however, never been mentioned to anyone since I believed it to be closed, but also because I genuinely felt it to have been the result of panic rather than calculation - it is something completely out of character. But it may well be sufficient to put a stop to my current plans.

[SRPO]

It is always a case of 'answer the question' when filling out any application form.

If the question directly or indirectly appears to require these matters to be disclosed then you should disclose them, however in your answer you would put that they were allegations that were discontinued with & no action taken.

 

'Discontinued,discontinued' would appear as there are 2 offences that were listed.

[veryfoolish]

It is always a case of 'answer the question' when filling out any application form.

If the question directly or indirectly appears to require these matters to be disclosed then you should disclose them, however in your answer you would put that they were allegations that were discontinued with & no action taken.

 

The problem, sadly, is that I have already stated that my CRB is entirely clear - and a lot of discussion has already taken place based on that assumption. I truly believed that statement to be true, without having any doubt about it whatsoever, based on what I was told.

 

Any change of 'story' now would surely mean the loss of my position - and I don't much blame them. My only hope seems to be to keep quiet and bet on the offence not being included in the CRB. Which (I know) is a dishonest act.

 

'Discontinued,discontinued' would appear as there are 2 offences that were listed.

 

Both offences were 'Discontinued' x 2

[C-130]

This may be worth viewing:

 

http://news.bbc.co.uk/1/hi/england/merseyside/6977871.stm

 

Same situation. Girl was discharged but the offence will still be listed on her record (and no punishment). I know in a disclosure scotland disclosure any offence served, spent or discharged is still listed. I know this from my father who worked within social work and an offence he was not formally charged with but appeared at a county court in England for appeared. It was ABH. If it makes you feel better my father received the job arguing he was not aware of the conviction as he had not been charged nor fined or imprisoned. It is sort of like a credit file any check of it by anyone will be listed on it.

 

So as long as you can substantiate why you did not mention it I would say your fine.

[SRPO]

A County Court wouldn't deal with an allegation of ABH.

[C-130]

Thanks for correction. My father has passed so everything was from memory and I believed county courts had something to do with it. Regardless of court though the general principal still applies.