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Old 12-12-2008, 07:29 PM   #1
XxLostxX
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Mental capacity act (to do with CRB)

Im so annoyed! my enchanced CRB check came back as completely clear , none of the 136s showed up or anything. But the time i was held under the 'mental capacity act' does! , and the details say ,'Emma was held under the mental capacity act on (the date) , she was realised from custody the same day on the terms that she would be admitted to a pyschiatric unit' .. >I HAVE TO TAKE THAT INTO WORK!!..
Grr , i mean i know its 100% my own fault for being ill , and being screwed up enough to get held anyway.

but it was in the 'at the police chiefs descrestion(Cant spell) ' , so they didnt have to put it on! sand in so much detail.
Ive gotta try and explain it to my boss now. I know i probably wont lose my job because i didnt harm a child. But i will get judged and itll go round the whole nursery + its all women , so itll be gossip!.

It also might effect my chances of being employed by them at the end of my course.


Oh , why does my past always have to **** up what i want to do =/


Sorry for the ramble... it was a bit pointless.
and the bad spelling!


Last edited by Dreaming. : 14-12-2008 at 11:54 AM. Reason: Removed full name for safety reasons.


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Old 12-12-2008, 07:37 PM   #2
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It shouldn't go round the nursery there should be professional Confidentionalality.

My enharnced CRB came up with all my 136s, to my shock horror and also in detail.... like... ''due to threatening suicide'' And terms like taken into custody etc. Make me seem so mad and criminal. Even though it isn't a crimanal offence it makes ya feel like it as it is a CRB.

It is a confidential thing and you should tell whoever that it is and there for not to show it to anyone else or to discuss it without anyone they don't need to discuss it with.

I really hope it doesn't affect any future employment for you (and I!)



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Old 12-12-2008, 10:45 PM   #3
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As Kelpie said, it's confidential information and should not be passed around to people except those that really need to know.

If it does get out then you can probably take legal action against them.



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Old 12-12-2008, 10:48 PM   #4
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((Emma))

I've had similar fears with regards to my enhanced CRB check. I'll keep my fingers crossed that your manager will be supportive and won't affect your job prospects.
It shouldn't, and you are protected by some law to do with the mental health act - I asked MIND a while ago in regards to my situation. So, as said above, if they do discriminate against you because of it or it does get passed around the nursery, you can and should take legal action.
xx

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Old 13-12-2008, 01:43 AM   #5
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im sorry your in this situation.

It sounds really harsh them doing this to people.

But then i guess they just feel they have to pass on the information in case anything were to happen ie someone did something due to their mental state one day and then people look back and think the police could have said something if they found out the police knew about it and the employer had done a CRB.

Worries me though as i have had several encounters with the police due to my mental health but have never actually been sectioned or detained [just threatened with it!] but dont know what will be on their police records and what they may choose to share regardless.

i really hope that this gets sorted for you and that you dont have to worry and it wont effect things.Good luck and im sorry that this has happened.



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Old 13-12-2008, 07:14 PM   #6
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That is awful. Can you appeal to have it removed?

My enhanced CRB had my section 136 on it with things like "attacked a police officer", "refused to co-operate with removal to a place of safety" and quotes my paranoid schizophrenia diagnosis that my Mum told the police officer about.

Its just not fair, is it?!

I hope so much that your boss will be understanding.

Please tell us how it goes.

Good luck.



PM me if you want a PDF copy of the ICD-10 or the Mental Health Act 1983/2007. I ALSO HAVE THE DSM-V BOOK and am a pharmacology student.

I have a visual impairment / neurological problems so I need people to type in clear text and no funny fonts. Also excuse any typos, my vision blocks things out.
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Old 13-12-2008, 07:45 PM   #7
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I guess from our POV it's not fair - but think about it the other way. If someone was v.ill, and attacked a child or some5thing, and all that was put on the CRB was "mental health issues" or something - and that person then went to work in a nursery there'd be an outcry.

This seperates the people who might hurt children/vulnerable adults from those who won't. Otherwise we'd risk being put in with paedophiles and other very dangerous individuals.

I feel protected by my CRB - employers have always been much more understanding once it's apparent that i was "just a bit mesed up" rather than "completely bonkers/dangerous"


Hope that helps
x

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Old 14-12-2008, 11:39 AM   #8
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Firstly, it should absoutely be kept 100 percent confidential. I work in a nursery school and my boss knows about my MH problems and it has not been shared with anyone at all, unless needed. The other staff (your colleagues) should not be told.

Due to equal opportunities and the disability discrimination act, you should be protected. I really hope you past won't affect you. Good luck.





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Old 14-12-2008, 04:11 PM   #9
sopranonut
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I've had loads of enhanced CRB's and none of my sections have come up??? None of the 136's, 5(4)'s or section 2????
I was really worried the first time cuz i thought they might come up, but it's always been clear. How come they come up for other people??
Also, as others have said it should stay completely confidential with regards to what's on it.

I'm just really confused as to why this has come up for others and not me???



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Old 14-12-2008, 06:55 PM   #10
Steel Maiden
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Quote:
Originally Posted by sopranonut View Post
I'm just really confused as to why this has come up for others and not me???
Well I applied for a healthcare assistant job and my section 136 showed up on my enhanced CRB. But my section 2's didn't show up.



PM me if you want a PDF copy of the ICD-10 or the Mental Health Act 1983/2007. I ALSO HAVE THE DSM-V BOOK and am a pharmacology student.

I have a visual impairment / neurological problems so I need people to type in clear text and no funny fonts. Also excuse any typos, my vision blocks things out.
I have autism and have problems communicating, PMs included.
Just becasue I type well doesn't mean I speak well. I am only part time verbal.


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Old 14-12-2008, 06:56 PM   #11
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Quote:
Originally Posted by XxLostxX View Post
i mean i know its 100% my own fault for being ill
How is it your fault for being ill?



PM me if you want a PDF copy of the ICD-10 or the Mental Health Act 1983/2007. I ALSO HAVE THE DSM-V BOOK and am a pharmacology student.

I have a visual impairment / neurological problems so I need people to type in clear text and no funny fonts. Also excuse any typos, my vision blocks things out.
I have autism and have problems communicating, PMs included.
Just becasue I type well doesn't mean I speak well. I am only part time verbal.


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Old 14-12-2008, 07:42 PM   #12
XxLostxX
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Thanks for all the replys. I do understand why they put it on, but it just upsets me because of the amlount of detail even though it was that long ago! , And like things are just going well , now it could all be messed up again! ,

I think it only shows up at the 'chief police officers' descrection , so its wheter they think it is realivant or not! , I suppose it depends on the county and stuff to , cause im ena none of ym 136s showed ,just the mental capacity act one.

well thats a long kinda story tbh, I lost it and assualted a police officer , either way i dont need to debate it , just the way my head works =].



So do whatever it takes
‘Cause you can’t rewind a moment in this life
Let nothin’ stand in your way
Cause the hands of time are never on your side

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Old 14-12-2008, 07:44 PM   #13
Putain
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The occasion i was held by the police for a few hours for my own protection under the Mental Health Act has never been mentioned in an enhanced CRB check.

However, the last time i had an enhanced CRB check the police decided to spread lies about me. They didn't invent them but they've spread them. It can be proved that at least some of the things said about me were lies (which should throw a lot of doubt on the rest of it, right?), but they've never bothered to properly investigate it in order to clear my name. It wasn't even relevant to the job i was applying for, so it shouldn't have gone in anyway. They didn't even show that a crime had been committed. The previous job i did, it could be argued it was relevant to that but they said nothing then. So it seems completely random. I've challenged what they've said, but they can't be bothered to reply (hey it's only my life after all, right?). So the chances are it'll be removed from the last check (though of course, the damage has been done now), but there'll be no guarantee they won't spread these lies in the future. And it prevents me from applying for the sort of work i want to do.

Unfortunately, poor people can't sue for libel, in this country.

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Old 15-12-2008, 12:21 AM   #14
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It was the past now and you can't change it and it shouldn't have to ruin your future. It isn't your fault for being ill so don't blame yourself! I had a similar problem with my CRB it says about being depressed, overdosing and being in hospital in too much detail. I don't think it is right they disclose this kind of information and I tried everything to get it removed, but they won't remove it. They said in time it will be removed. The thing is I still managed to get on a social work degree with that on there so I am sure it won't affect your job. They can't discriminate against you for it. I hope things go ok for you



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Old 15-12-2008, 11:00 AM   #15
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I never knew this happened. I can't believe it! I'm sure that I was told it only showed on your crb if you had had a section 3. I guess I must have been lucky - not that it should really make any difference anyway - i'm doing mental health nursing training but they're aware of my past (well most of it ;)) anyway.
I don't think i agree with putting these things on a crb - they don't really appear relevant to me - it's not a criminal offence to be mentally ill - and it's no one's fault - nobody is ill due to there own fault, and as cant-stop-myself says above you shouldn't let it ruin your future. I'm sure there are rules around whether they can discriminate etc.



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Old 15-12-2008, 04:19 PM   #16
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Quote:
Originally Posted by sopranonut View Post
I don't think i agree with putting these things on a crb - they don't really appear relevant to me - it's not a criminal offence to be mentally ill - and it's no one's fault - nobody is ill due to there own fault, and as cant-stop-myself says above you shouldn't let it ruin your future.
Hear hear! I agree that being mentally ill should not appear on a criminal record.

Here is some stuff I got off the internet about it:
The following content has been hidden - Reason : long - section 136 description

Section 136

Removal of People from Public Places

Summary Section 136 enables a police officer to remove someone from a public place and take them to a Place of Safety. Like Section 135, this is not an admission Section, but one which allows assessment to take place at the Place of Safety, as to whether a Section 2 or other admission Section should be implemented. Section 136 states clearly that the purpose of being taken to the Place of Safety is to enable the person to be examined by a doctor and interviewed by an Approved Social Worker, and for the making of any necessary arrangements for treatment or care. Duration Up to 72 hours from the time the person first arrives at the Place of Safety. There is no provision for this time to be renewed or extended. Normally the assessment should be completed well within the 72 hour period and the Section 136 powers then lapse. Conditions The police officer must find the person in "a place to which the public have access" and:
  • the person must appear (to the police officer) to have a mental disorder and to be in "immediate need of care or control"; and
  • the police officer must think it necessary to take the person to a Place of Safety, in the interests of the person her/himself or for the protection of others.
Notes This Section has been the subject of considerable controversy. A police officer may have little experience of people with mental health problems, and there was concern that people would be inappropriately stopped in the street and detained by the police, and that the police would use this power disproportionately in respect of black people. Over recent years, the bodies involved - the police, doctors and other hospital staff, and social services departments - have, in many areas, set up liaison meetings to ensure that the use of Section 136 is closely monitored and reviewed to ensure its use is appropriate.



PM me if you want a PDF copy of the ICD-10 or the Mental Health Act 1983/2007. I ALSO HAVE THE DSM-V BOOK and am a pharmacology student.

I have a visual impairment / neurological problems so I need people to type in clear text and no funny fonts. Also excuse any typos, my vision blocks things out.
I have autism and have problems communicating, PMs included.
Just becasue I type well doesn't mean I speak well. I am only part time verbal.


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Old 15-12-2008, 09:55 PM   #17
XxLostxX
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Exactly , Yes it may be realivant ~in some cases~ , But it is not a criminal offence and i dont think it should count on your CRB at the end of the day that is a 'criminal records' check. So why this show up! =/ . Realivant or not , it isnt an offence and it should be classed as a criminal record..



So do whatever it takes
‘Cause you can’t rewind a moment in this life
Let nothin’ stand in your way
Cause the hands of time are never on your side

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