How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
30932268
Type Your UK Law Question Here...
Alice H is online now
A new question is answered every 9 seconds

In 1985 I experienced a situation where I had a bad reaction

Customer Question

Hi, in 1985 I experienced a situation where I had a bad reaction to taking a small amount of a non prescribed drug while suffering with depression. It resulted in an unpleasant hallucination. This frightened me and I called the police as a result. My son - 12 years old at the time - was asleep in bed and unaware of anything until the police arrived. I was offered a caution for child neglect at that time. I told the senior police officer I didn't accept that charge. He told me that I should either accept it or go to court for it and I wouldn't win. No legal advice was offered so I felt I had to accept the caution. All subsequent checks with school, GP etc showed my son was well cared for and no concerns had ever been raised.
Due to the nature of the "offence" this will never leave my record and dogs me to this day. Is there anything I can do about this? TT.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.

Hello my name is ***** ***** I am happy to help you today. Has it prevented you from obtaining employment?

Customer: replied 1 year ago.
In the past it has done due to the number of hoops I had to jump through to simply gain approval. And as I'm a registered nurse I'm sure you can imagine the effect. Since then I've just felt unable to apply for positions knowing I will have to explain my situation to people who don't know me, hoping they will see I'm the least likely person to be of any threat to a child.
I applied for all the social services and police reports taken at the time in order to support my case when applying to have the accompanying info on an old CRB amended as it was incorrect. This information does show it was deemed to be a one off offence and that my son was well cared for and thriving. But, as I was ill with depression at the time it obviously contains some very personal information I'd rather not have to keep showing to potential employers almost 20 years later. It's ruined my life.
Expert:  Jenny Mackenzie replied 1 year ago.

I am going to opt out to see if a colleague who specialises in criminal law can help. Do not respond otherwise it will come back to me and she will not see it. Good luck

Expert:  Alice H replied 1 year ago.

Hello, my name is ***** ***** I am a solicitor based in London. I’ll be happy to assist you with your question.

Customer: replied 1 year ago.
Thank you Alice. Have you seen the initial question?
Expert:  Alice H replied 1 year ago.

Yes. I specialise in criminal law and have 20 years experience in this area of law.

Expert:  Alice H replied 1 year ago.

There is no procedure in UK law to remove the caution from your record - but it is now spent and will not appear in a standard check. However, given that you are working with children or vulnerable adults, the caution will still appear in an enhanced check. Unfortunately, it is too late to "appeal" the caution, so it will remain on the record. I am very sorry if this is not the answer you were hoping for but I have a duty to give you an honest and objective opinion on the law.

Customer: replied 1 year ago.
I appreciate this may be the case Alice. Is there any way I can apply to have the information sealed given that I may have been incorrectly advised by the police at the time? (No legal advice offered or suggested and was told I either accept the caution or go to court where "you won't win."?
Expert:  Alice H replied 1 year ago.

You could have done at the time - or appealed by way of Juducial Review. But sadly it's too late now and the other problem is that there will no longer be any record of such conversations or your custody record; but you could ask DBS not to disclose this an go through the appeal process: https://www.gov.uk/disclosure-barring-service-check/appeals-and-disputes