Primark Shoplifting legal advice

[Ethel Street]

I just had a look at RLP's website to see if it says anything about the supposed database. It says this:

 

What Personal Data do you hold?

 

If you are 16 years or over you are advised that basic personal information regarding your wrongful act may be held on a national database of individuals involved in civil recovery incidents. This information is available to prospective employers within client companies with a legitimate interest to screen an individual’s integrity in relation to employment decisions. No screening can take place without your knowledge or consent, which would be requested during the recruitment process. This information is held within a closed user group in accordance with the provisions of the Data Protection Act 1998 for a period not exceeding 3 years if 16 or 17 years old at the time of the incident or 6 years if 18 years or over. This information may also be available for the purposes of crime prevention and detection and available to the Courts, legal advisors, crime partnerships and the police where there is a legitimate reason for doing so in accordance with the Act.

 

Note: The only employers it's available to are companies that are clients of RLP so there is no possibility of a school using it. No school would be a client of RLP because they aren't retail businesses.

 

And in any case paying RLP wouldn't remove you from the database!

 

Their website has gone very quiet about court cases since they lost big time at Oxford in 2012. No cases at all have been listed on the website since then. I wonder why that could be? And of those listed prior to then most were either thefts by staff or default judgements where alleged shoplifter (foolishly) ignored the court papers.

[Ethel Street]

Thank you. this database has nothing to do with dbs checks? And when I fill out forms about any crimes and records etc or even civil issues I still say None?

 

Nothing WHATSOEVER to do with DBS checks. Neither DBS checks nor employers own application forms ask about civil actions you have been involved in. They ask only about criminal offences for which you have received a conviction or official penalty or sanction.

 

I work professionally with schools recruitment and I'm very familiar with Enhanced DBS applications.

 

The relevant question on the application form is Question e55 and reads

“Do you have any convictions, cautions, reprimands or final warnings, which would not be filtered in line with guidance?”. You don't.

 

The corresponding guidance says

"section e, question 55 is asked for Police National Computer (PNC) matching purposes."

 

Only those can be listed on the Police National Computer [PNC]

(which is what the DBS Disclosure does, confirms if anything is listed about you on the PNC) and you don't have any of them.

 

The DBS procedure does not check databases held by any private company such as RLP, nor could it legally do so, and nor can RLP or any other private database enter information onto the PNC.

 

Although on an Enhanced DBS the police can also add "other relevant [non-conviction] information" this is very rare and in practice would only be information relevant to the risk to children that someone applying to work in a school presented.

 

My LA told me that since DBS started they have never received a DBS for school emplyees showing any "other relevant [non-conviction] information".

Edited April 23, 2018 by dx100uk
spacing

[Ethel Street]

So the police will have what happened In their database even tho they’ were not called in?

 

No they will not! I just added mention of it for completeness as 'additional information' had been refered to by an earlier poster.