I had driving ban from 09/01/2012 (drink and drive offence). Does this ban will affect to get jobs in nursing homes? (I am Health Care Assistant and Settled in UK).
We understand that, you concern is that, whether you can work in the Health Care System?
To work in the Health Care System you should meet the following criteria.
1. Valid CRB (Criminal Record Bureau) certificate called "Disclosure Certificate" without any adverse whispers.
2. Not in the any of the lists of Barring & Disclosure Service either in Adult Barred List or Children Barred List.
3. No Regulatory restriction.
Point No: 1
Normally a conviction or sanction will come in the Criminal Record Bureau (CRB). The CRB filtering/verifications are called "Disclosures".
The CRB is an executive agency of the Home Office and provides access to criminal record information through its checking service via registered umbrella bodies
There are two types of CRB. Standard CRB and Enhanced CRB. In order to work in Health Care Sectors one should need an Enhanced CRB.
Point No: 2
As far as functions of Barring & Disclosure Service is concerned, we have wrote different articles about the functions of the service. If you are included in either of the Barred Lists ie Adult Barred List or Children Barred List you cannot work in the Health Care Sector.
Point No 3
Regulatory restrictions are as follows:
Occupation Regulatory Personnel
Nurses and Midwifes Nursing & Midwifery Council (NMC)
Doctors General Medical Council (GMC)
Care Assistants Health and Care Profession Council (HCPC) and (CQC)
Pharmacists General Pharmaceutical Council (GphC)
Physiotherapist Health Profession Council (HPC)
Dentists General Dental Council (GDC)
Opticians General Optical Council
Hence in order to work in a health care system in the United Kingdom you have to meet above requisitions /criteria.
As far as your case is concerned since your case is concerned, by virtue of the Court of Appeal Judgement in "five constables\' case"
Chief Constable of Humberside Police
Chief Constable of Stafford side Police
Chief Constable of Northumbria Police V Secretary of State
Chief Constable of West midlands Police
Chief Constable of Great Manchester Police
(2009) EWCA 1079
There is no need to disclose minor convictions or old minor convictions.
In lieu of the above decision the parliament of the United Kingdom enacted a new legislation "Rehabilitation of Offenders Act 1975 (Exception) order 1975" and as per the legislation there is no need to disclose a minor or old minor convictions.
So we advise that, considering the nature of your offence and punishment meted out, your punishment is of minor nature and the CRB filtering will not consider that offence and hence is eligible to work in the Health Care System.
If in any event because of the inadvertent mistake happened in your CRB you have a right of appeal.
Zenith Solicitor (Legal Defence Team.)
The information contained in this article are from the event happened previously. The author of this article takes no responsibility in any shape or form should someone decide to act upon or use it for his/her personal consumption. The article has merely been presented exclusively for information. Should some on decide to use it for any reason, is strongly recommended to take independent legal advice prior to acting upon.