Help and advice please

[hayleymarie33]

Hi All

im new to this but am looking for some advice - i am known to Ofsted as i have been on a committee at the pre school which is ofsted registered, so i dont require a crb or some of the checks doing, however my husband has had to fill in an EY2 form and has a police caution which we explained about in the additional information on the EY2 form.

My husbands police caution is for battery which sounds worse, what happened was we had a little argument and he pushed past me he knew how frightened i was as i had previousely been in a very serious domestic violent relationship so he walked out after an hour or so i became very concerned and called the police, i let it slip he had pushed me, whilst the police was here my hubby came home they explained that they take DV seriousely and he would be arrested, i explained that it wasnt a domestic and explained about my ex i also said my hubby doesnt scare me etc, anyway he recieved a caution, and they returned him home to me.

i have spoken to ofsted at length, and they dont seem to think there will be a problem with registering me but it will come down to the inspector.

Ofsted have said i have to pay out my reg fee do my first aid which cost me 48.00 and if i dont get reg then i wont get my ofsted fee back or my health dec money back so theoretically i will have spent over 100.00 for nothing.

Has anybody had a similar thing happen with them and got registered or had ofsted phone someone they know for further clarification

just think its all going to go wrong

[sarah707]

You are in a very difficult position because you want to get your application form under way but there is no guarantee they will register you.

I know from chatting to many other childminders that they take any kind of domestic risk very seriously. Worse obviously when it's against children but also against the childminder.

A childminder I was supporting recently was hit by her partner and she had her registration certificate refused as a result.

Ofsted won't put any child in potential danger it's just not worth the risk because they will be hammered if something goes wrong in the future.

If you have spoken to them and they have given you a route to take before an inspector makes the decision then I'm afraid only you can choose what to do next.

I hope it works out for you. :D

[miffy]

Only you can decide whether to go ahead with your application or not.

It depends on how much you feel this job is for you, whether you would be prepared to appeal if you were refused registration, the effect it might have on your relationship (will you blame your partner if your application is refused?) etc

You need to consider all those things and then make your decision. Good luck

Miffy xx

[hayleymarie33]

Thanks for your replies

i understand totally ofsted have their jobs to do - i would hope before they refuse registration that they would give us chance to explain not only this but we have 3 children of our own at the time of incident there was 2 children and social services wasnt involved,

What i disagree with is that the police in their own words said that another police officer may not have actually given him a caution and just simply a telling off

we have since gone on to have another child, not only that but if i was that scared of him i wouldnt have stayed with him, i am prepared to appeal it was only a little push nothing worse than being in a crowd and someone pushing past you.

i am totally prepared for the pre reg all policies are done etc just hope they give me the oppertunity

[Pandypops]

I have spent a lot of money whilst in pre-reg, £130 for first aid, £86 on health dec, £35 to Ofsted as well as all the stuff I have bought for safe-proofing my house, toys, double buggy etc..., and, although I have had my pre-reg visit, I am still waiting for my CRB's to come back.

I also have a problem with this as I have a police caution from when I was 18. My boyfriend at the time was violent and used to hit me so once I snapped anf hit him back and he got me charged!! I received a caution so I waiting to see what my CRB says and what Ofsted will do about it.

I am really hoping that I will get registered as I don't feel like I have done anything wrong and I was so young and stupid to stay in that relationship.

Hope you get registered and have no problems!!! :)

[hayleymarie33]

Thanks for your reply -

It is very worrying when you know you have spent so much money out and they could still refuse you. Hopefully with yours being a while ago they will take that into consideration. I have a few things i can say and point out and hubby is prepared to be interviwed etc.
my
i think if i dont get reg i would blame myself, at the time the incident happened i had never been put into a situation before with my hubby and hubby and i had been together 3 years at that point, it brought back memories of my ex. My ex abused me physically emotionally and sexually half of the stuff i have never told my hubby - i will if need be divulge certain things to the inspector. my husband is the most loving and caring and patient person with me and the children and other people, and it really annoys me that my hubby as a police caution, and yet when i reported my ex to the police all those years ago the police never acted, i have since seen my ex when i have been with hubby and not once as my hubby threatened or gone for this bloke.

like i say i know ofsted have a job to check but for someone who has been where i have been before and to stay with someone shows that my hubby is a not a wife beater i hope they take that into consideration - its very easy for people to be judged etc, if i hadnt have reported him missing then no one would have been any wiser to the incident.

[Stew....pid]

A caution is a formal warning that is given to an adult who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence.

Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence.

Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.

This applies retrospectively so applies to anyone who has ever had a caution, irrelevant of when it was given.

If the application form says that the post is exempt from the Rehabilitation of Offenders Act 1974 then the caution must be disclosed, no matter how long ago it was given.

However, this does not mean that it will not be disclosed on a CRB check. A caution may be disclosed for some years if it is deemed relevant to the reason for the check. Dishonesty offences (theft, shoplifting, fraud etc) tend to be disclosed for a longer period of time because of the nature of the offence. It is for the Chief Officer in each force to decide if a caution or other information will be disclosed.

Cautions will always remain on a person's record. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to the Chief Constable of the force concerned.


Hope this helps, it may not even come up when they CRB check him, if you check the last paragraph id say you could actually get his caution expelled off the record, if it was me id be writing to the Chief Constable and explain the real facts of the incident :)

[hayleymarie33]

Hi thanks for your reply

i have re called the local police who will be sent the CRB form and they are going to put some notes on my husband crb. They have said the incident was classed as minor incident and will be noted down and as a one off. They have said i am able to write to the chief constable but there unsure after this time whether it would be removed.

I feel more confident having spoken to ofsted - I explained that a childminder had supported another person who was applying to be a registered childminder and she had been turned down they have assured me that i will be given an oppertunity to talk with the inspector as soon as we have got our crb back, however i will have to wait a few days for ofsted to get theirs back so we are reading off the same sheet. Ofsted have said they dont have a blanket policy and treat all cases differently.

so waiting for crb now