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  • Help concerning DBS appeal

    Some 18 months ago we had a police raid where they believed he had child images on his PC. My son always vehemently denied this. They took away 2 PCs, mobile phone and several USB sticks. There was 12 years of history on those machines. There was nothing found in his room – not even ‘ordinary’ porn.


    The analysis took 9 months and came back clear. No images found – no further action, BUT because he works driving school children, the police (in their infinite wisdom) informed the Disclosure & Barring service that there had been an investigation and they believed that certain search terms used were ‘indicative’ of a possible risk to children.


    This resulted in information being put into the ‘Relevant Information’ box on his DBS certificate essentially losing his job. The search terms were over a relatively short period – 3 to 4 months – where he had become obsessional (being into football) with the Andy Johnson case. Gossip forums had indicated there was ‘much more’ to the allegations than had been reported, and he had been digging for the juicy gossip.


    In addition, he used to frequent Limewire for mainstream feature films and music. The police said he had clicked PTHC which is apparently used by peodos, but my son was not aware of this abbreviation and assumed something ‘home camcorder’ NOT ‘hard core’. The third search term was Japenese Lolitas, which apparently is a well known gaming cult – even I have seen this on a magazine.


    Despite appealing at every stage, the DBS have now barred him from working with children. He has a 16 year exemplary record of driving children for a private school without an escort. There has never been an inkling of any problems. He has multiple supportive references written by family, friends and the school in his favour. We have a large family with numerous grandchildren, nieces and nephews. Never has there been the slightest hint of anything inappropriate.


    The vast majority of search terms were ‘teen’. The DBS based their case on 2 ‘unambiguous’ search terms which my son has explained. There was never an arrest, charge or conviction. As I am due to get Special Guardianship of my 2 granddaughter, Children’s Services have also directed him to move out of the family home. So he has lost his job and his home and done nothing wrong.


    Taking a hammer to crush a nut doesn’t even come close to describing this injustice. We are in the process of asking permission for a judicial tribunal. Currently, DBS – as Respondant – have been granted a stay in proceedings until December pending a new assessment of the case.


    Can anyone tell me if, at this stage, we can send DBS further information regarding the case.

    i.e.


    At the time of the entering of the search terms my son was addicted to an ‘over the counter’ codeine-based painkiller (for which he was accessing professional services for help). Heavy use of this opiate-based pain killer had rendered his sex-drive to nil. DBS have never had this information.


    Also, the police seemed to have had a predetermined opinion he was guilty before they even came to the house – particularly the policewoman. From the way she spoke to me she had him guilty and when they interviewed him (informally in my lounge) she was calling him a liar to his face when he was strongly denying any wrong doing. The last thing she said on leaving the house was, ‘well, computers don’t lie’. The computer didn’t lie and came back clean.

    Information requested from the police subsequently (most of it was blanked out) shows an email from one of the officers second guessing their own forensic team - ‘Can we get ***** to re-look at this as we find it surprising’.

    We suspect it is this policewoman who has spoken to DBS and Children’s Services.

    I imagine these investigations cost thousands and wouldn’t look good if they drew a total blank.

    Never mind ruining someone’s life.

    The current mood of social hysteria re child abuse seems to force every public body to ‘cover their backs’ no matter what the cost to an innocent individual.
    Last edited by Peter1975; 16 September 2017, 06:36 PM. Reason: added some paragraphs for RF! - Nothing else changed

  • #2
    Hello and a sad welcome to Daftmoo,

    I'm really sorry to hear of this, the consequences of the over cautious approach by police and SS can be devastating. The evidence is certainly very circumstantial and ambiguous at best.

    I don't think I can be much help with your questions I'm afraid, does your son have legal representation? Perhaps he is a member of a union?

    I am assuming/hoping that the DBS decision will be reviewed by the independent monitor so you would perhaps make your representations to them rather than the DBS but I would advise that you take some legal advice on this.

    I don't know if you could ask the police to review their decision separately. The attitude and IQ of some police leaves a lot to be desired but I would imagine that a complaint to their standards dept will go nowhere as it is their duty to disclose any risks, even if they are miniscule.

    I think the footballer btw would be Adam Johnson.
    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
      Thank you Peter

      I have searched all over the web but cannot find a similar situation. Ours is exacerbated by the Guardianship and involvement of CS.
      We are at the stage where we have made representation several times to DBS with no effect. They have now actually barred him from working with children.
      Our only recourse now is to appeal to the Administrative Appeals Chamber of the Upper Tribunal which we have done. You first have to write in to apply for permission for an appeal.
      This is where we are at. They have written back to say the judge has granted DBS a 'stay' of proceedings until 16th December 2017 'to reconsider the case'.
      my son does not have a solicitor although we did employ the services of a retired solicitor to help with the minded to bar representations.
      Should we be successful with the barring decision, only then can we appeal to the Independent Monitor to have the 'Relevant Information' removed.
      It seems incredible that someone with no arrest, charge, conviction and evidence no more than a matter of opinion can end up losing their home, job, reputation (no smoke) and suffer untold mental stress.

      Comment


      • #4
        Well, you certainly know more than I do about appealing DBS decisions. I'm so sorry that you have gained this knowledge in such tragic circumstances.

        I can only really suggest that you employ the services of a solicitor for some advice.

        This website is in the pafaa archives, no one I know has had any experience of them but their initial telephone advice is free:

        http://crbproblems.co.uk/

        Citizens advice bureau possibly might be able to help?

        You might also consider writing to your MP to see if they can add some weight to your appeal.

        The only other avenue would be to try to challenge the police on their interpretation of some very scant evidence, I'm not sure how you would go about that, Possibly by writing to the chief constable? I don't really know. To my mind it should have been "no crimed" but I'm not a lawyer or a heartless police officer. Again, I would seek some legal advice.

        CS are somewhat a law unto themselves, presumably you have been assessed as fit to safeguard so your son will be able to visit with your supervision but sadly you cannot safeguard at night and this will be the main reason they won't let him stay. As you say, all over very little. How awful.

        I wish I could be of more help. Sorry.
        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


        • #5
          Thanks again, Peter. The link you provided is the one we used for the representations.
          The guy is David Wacks, a retired solicitor, very knowledgeable but no longer attends court for cases.
          I don't know if my son would be able to claim legal aid as he hasn't been charged with anything.
          Would it be considered criminal or civil? Anyone know?
          Money is tight so I am representing him at present, though I would go into debt to get this removed from his life.

          Comment


          • #6
            Thanks also to Pond for messaging the links.

            Comment


            • #7
              I would worry about you making any further representations without taking legal advice tbh, although I am pretty certain there will be no legal aid as this is not a criminal matter. In particular, disclosing the opioid use may go against him if they were to consider he may have been driving under the influence.

              It's a shame he is not in a union as they may have provided some legal advice. I know taking on debt is not ideal but you may be able to get some free advice if you ring round enough solicitors and ask different questions which will keep costs to a minimum.

              Hopefully someone else will come in that has more of an idea about what your options may be.

              Thanks for the info about Mr Wacks, I'll make a note in the pafaa forums.
              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


              • #8
                FightingOn, you could try the chief constable for your area?
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                Comment


                • #9
                  Already did that, Rights Fighter. was the first lot of representations.
                  Thank you for suggesting.

                  Comment

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