dbs/ey2 disclosures

[Tynan]

Hello all. New here but wondered if anyone has any thing to offer my querry? Let me briefly explain.

I have just been made redundant from my college where I worked with vulnerable adults, and I still do work with youngchildren in an early years setting and obviously am aware of and have a current enhanced CRB. I understand the new DBS is now in place and that I will probably have to complete one of those to register as a childminder/childcarer.

My actual querry is in regard to the EY2 form/discosure. I have no problem with any one in my home being checked and see this as a good thing. I also know that past arrests/convictions wil need to be declared, but does anyone have experience of what happens in the event of an arrest, for which no charges were made? The person in question was arrested but not charged for rape of an adult, which could not have happened and if it had gone to court would have been dismissed. There was no charge, but clearly the arrest will show up on a DBS. I understand that each case is assessed individually, but as a general rule do you think/know/feel this, in your opinion, would adversely affect my chances of registering as I don't want to make a significant outlay of cash to find that this will put a stop to any plans I have. Clearly the person in question wouldn't be working with the children in my care. Thank you for reading.

[sarah707]

My first thought is that yes, it could impact on your application.

Unfortunately though only time will tell - and to get to that stage you need to do a pre-reg course and all the other bits first :(

[bunyip]

Sadly, I have to agree with Sarah, though I sincerely hope I'm wrong. :(

Such disclosure schemes have proved questionable In terms of civil rights, as they frequently take a “guilty until proven innocent” approach. This was evidenced in the case of John Pinnington, who lost his appeal against dismissal from his job as deputy headmaster of an Oxfordshire college for young adults with learning difficulties. He was sacked on the basis of unsubstantiated and unproven allegations of indecent assault, but lost his appeal because the low threshold of evidence demanded in employment cases required his employer to prove nothing more than the existence of an opportunity to offend, and not that any offence had actually taken place.

As Sarah says, you can do little beyond wait and see. Hope it all works out well.

[jolliesdean]

I didn't think arrest show Up only convictions. X

[bunyip]

Pinnington was not convicted, not prosecuted, not arrested. Oxfordshire Police investigated the case and completely dismissed the allegations. They did however follow their obligation to highlight the allegations when a CRB was later requested by Pinnington's employer.

Anyone who has ever read EYFS should understand this, especially if they employ any staff (ie. nursery managers or CMs working with an assistant.) There are numerous references in th sections dealing with 'suitable people' and 'disqualification'. These do not rely on arrests or convictions. We are legally obliged to inform Ofsted and the relevant DRB authorities of mere allegations, as well as any staff who are dismissed (or resign before being dismissed) in connection with any safeguarding issue, whether proven, suspected or merely accused.

Regrettably, it is all the more evidence that CRB/DBS does not safeguard children. At best it is a pacifier for the easily-pleased scaremongers of the chattering classes. At worst it is the perfect smokescreen for those abusers who just haven't been caught yet. Either way it contributes to the complete undermining of trust between the generations. Children are being taught that everyone is an abuser until proven otherwise. :(

[jolliesdean]

But this depends on where you live, as we are well aware, it's a post code lottery. Some areas are brilliant ( said lightly ) in safe guarding and other lack the basic knowledge. As said drb/crb are crap because abusers are 10years ahead of the police and have never been caught. As highlighted recently in the media with the convicted persons hall and Harris. Both giving guilty pleas but yet had crbs when working with vulnerable persons. X