Teacher loses compensation claim against police over CRB report
A TEACHER has failed in his bid for compensation after information Notts Police passed on to the Criminal Records Bureau (CRB) led to him being turned down for jobs.
Vincent Desmond took action against the force after he found that an arrest over an unproven assault allegation was hindering his job chances.
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Vincent Desmond took his case against the police to the Court of Appeal
He accused the force of "running roughshod over his human rights".
The case ended up at the Court of Appeal yesterday.
During the hearing, the court heard that Mr Desmond claimed potential employers were put off hiring him after making CRB checks.
The allegation dated back nearly ten years, the court heard.
Mr Desmond, from Middlewich, Cheshire, was staying in a hotel in Mansfield Road in the city in May 2001 when a distressed woman told police she had been sexually assaulted in Parliament Street.
The woman told officers a man had dragged her into an alley and tried to pull her trousers down. The woman said the attacker had asked her for directions to a hotel.
Officers visited the hotel in question and arrested Mr Desmond on suspicion of indecent assault.
The officers said he "appeared to fit the description" of the attacker which the woman had given them, the court heard.
Mr Desmond denied the allegation and was released on bail the following day.
After an investigation, Notts Police decided they would take no further action against Mr Desmond.
The file was closed and the investigating officer noted: "It is apparent Desmond is not responsible for the crime".
But details of the incident were still passed on to the CRB, which Mr Desmond says caused him a lot of stress and impeded his teaching career.
He accused Notts Police of contravening his human right to respect for his home and private life and of negligence.
But the court yesterday ruled that Notts Police's Chief Constable did not owe Mr Desmond "a duty of care."
His appeal was dismissed and he was ordered to pay the legal costs of the case. In addition, Mr Desmond was prevented from escalating his appeal to the Supreme Court.
After the hearing, a Notts Police spokesman said: "Under the Police Act 1997, all police forces are required to provide information about an individual to the Criminal Records Bureau in relation to an application for an Enhanced Criminal Record Certificate.
"Police forces are required to disclose the information if they are satisfied it is relevant to an employer and they think it ought to be disclosed.
"Like all other UK forces, Nottinghamshire Police actively follows the guidance issued by the Home Office and the CRB concerning such disclosures."
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by m, gedling
Friday, January 14 2011, 2:08AM
“i dont think its over the top, sounds about par for the course to me,
look at any officer from the met and try and identify one policeman from another in their "riot gear"”
by The Equaliser, Nottingrad, Marxist UK
Thursday, January 13 2011, 10:49PM
“It is a lot over the top Ted!
But that is how it starts.
Who ever thought that the streets would be patrolled by "Civil Enforcement Officers" whose main aim seems to be to nab old guys who drop fag ends?
Does the word "ENFORCEMENT" not raise a just a little concern?
It should!”
by m, gedling
Thursday, January 13 2011, 8:24PM
“you cant really compare this story with the Huntley one, if i remember rightly huntley had a series of convictions and warnings to do with underage girls, they were considered spent so didnt get put onto his check,
here we have a man who was arrested on suspicion but released without charge (even a note saying this is not the man),
remind me never to take part in an identity parade again, it might be on my CRB check should i ever need one,”
by j, leic
Thursday, January 13 2011, 7:45PM
“"A woman was sexually assaulted........."
Errr, no. I woman told Police she was sexually assaulted. A BIG difference legally.”
by j, leic
Thursday, January 13 2011, 7:43PM
“"Yes, Mr Desmond may have been innocent.
However, several years ago there were concerns about a certain Ian Huntley but not enough evidence against him to convict. Also there were no systems in place for reporting, recording, or passing these concerns on to potential employers. And we all know what happened next......."
Erm, yes; exactly the same as would have happened if the CRB system was in place!!!!!!
Huntley got 'access' to Holly & Jessica via his partner Maxine Carr. The girls knew her via her job & the CRB doesn't cover partners.
The CRB has ruined far more lives than it has saved and should be scrapped, pure and simple.”
by Gene, Looking For Life On Mars
Thursday, January 13 2011, 6:09PM
“Jan, you really do have a strong anti police streak don¿t you? Get locked up at some 70¿s student demo by chance?
No one was bent on bringing in who they wanted by the looks of the report on here. A woman was sexually assaulted - I¿m sure most will agree that it is one of the worst assaults ¿ and based on an initial description, laddo was arrested. Can you imagine the outcry, no doubt led by people like you, if police looked at the drunk woman, shook their heads and left it at that? You might be a bit surprised to know that evidence isn¿t laid out ready to see, it has to be gathered, and some times there isn¿t the time to tell you all about it. If no further evidence is found it¿s a no go.
Is it not right to then record that some one has been connected, even initially to the crime?
If some one was arrested on suspicion of offences against children but released later on, it would be important to log it surely?
The fact is, you hate the police and love to have a go, when in reality you couldn¿t serve yourself let alone your city or country”
by Ted, Notts
Thursday, January 13 2011, 5:48PM
“This is Communism, Nazism, Fascist, Racist policy worthy of Pol Pot.
A tad OTT?”
by Stumpy, The Hollows
Thursday, January 13 2011, 5:39PM
“What you are missing is that if we all are judged by individuals then the idea of proof, possible innocence and a proper trial is lost.
This is Communism, Nazism, Fascist, Racist policy worthy of Pol Pot.
You only have to upset someone in Authority or his brother-in-law and you are lost.
It's happened so many times in Human History and still we will not listen.
Short memories favour the Despot.”
by The Equaliser, Nottingrad, Marxist UK
Thursday, January 13 2011, 5:33PM
“BULLA, BULWELL
Bet you've not got a job.
Unless delighting in a fellow human being's suffering can be termed work.”
by The Equaliser, Nottingrad, Marxist UK
Thursday, January 13 2011, 5:31PM
“We were only following orders.
We do what the LAW requires . . . ?”