Nursing police check.
I’m applying for mental health nursing 2022 entry. I have a question. One uni I’m applying for says that a police check is required before starting. I’ve been detained multiple times by police under section 136 of the mental health act. Is this going to show up and impact it or show up?
(edited 2 years ago)
Original post by Shannon.Leanne
I’m applying for mental health nursing 2022 entry. I have a question. One uni I’m applying for says that a police check is required before starting. I’ve been detained multiple times by police under section 136 of the mental health act. Is this going to show up and impact it or show up?
Yeah a PVG / DBS check is necessary prior to starting any nursing courses due to the protection of patients.
You usually require this before you can start ok so the university is correct about things.
Due to your unfortunate health issues that involved police intervening to detained you under section 136 for your own protection then therefore this will be on record that they dealt with you for this.
The NMC and universities has right to know any known records about you and they will obviously decide your fait upon receiving this information from them. There's no point in holding back anything like this as it's worse of they both find out you withheld vital information about yourself due to mature of the job you will be involved in.
If it serious enough for both NMC and universities to decide you can't do a nursing course they will tell you and hopefully reasons why.
If they both agree that you can go ahead with the course then again they shall tell you ok.
I think what they will look at is will you be sectioned again if offered a place but try to stay positive for now and hopefully they will offer you a place on course but it's totally out of your own hands.
Best of luck
I'm a registered midwife.
@Emily_B @Allyson2020 have you's got any more you can add or suggest on this !!
Original post by Shannon.Leanne
I’m applying for mental health nursing 2022 entry. I have a question. One uni I’m applying for says that a police check is required before starting. I’ve been detained multiple times by police under section 136 of the mental health act. Is this going to show up and impact it or show up?
There's no getting round it - every nurse/midwife/allied health professional needs and enhanced DBS for their time as a student and then once qualified for their work. Unfortunately, your issues will show up on your record and you need to be honest so that the university can assess that you're ready/safe to go into practice. (Basically, what Tracey said!)
Good luck and I hope you're in a good enough place mentally right now.
Original post by Shannon.Leanne
I’m applying for mental health nursing 2022 entry. I have a question. One uni I’m applying for says that a police check is required before starting. I’ve been detained multiple times by police under section 136 of the mental health act. Is this going to show up and impact it or show up?
Hi Shannon xx
Hope you doing ok dispite your health problems x
I would intend to agree with what both Tracey & Emily said on this matter, there is no way round it but wait and see what the university & NMC says about things with your PVG/DBS checks.
The most important thing for you ok is to get your health into good shape and then try not to get into same problems as you said about the police as if this happens then I think you may never get a opportunity to be a nurse but I really hope you'll get a chance to become one okay x
You'll have to be fully switched on as a nurse so get yourself sorted out and in a good place to cope with the demanding course if you are very successful in gaining a place xx
Let's us know how things goes with the university and NMC with your PVG & DBS and if you are successful in getting offered a place xx
I appreciate that the other people who have replied to this thread are registered health professionals, so feel free to correct me, but from my experience enhanced DBS checks do not work quite in the way that has been suggested.
Firstly all police forces have to have a data retention and disposal of records policy which should cover information relating to detentions under 136 of the mental health act. This means that after so many years the police will destroy records relating directly to your 136. So, depending on how how long ago this all happened the police may hold no record of it anyway.
Secondly, information related to detention under 136 is not automatically disclosed by the police. It isn't a punishment for a crime.
The home office realised this guidance regarding disclosures:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/452321/6_1155_HO_LW_Stat_Dis_Guide-v3.pdf
I have been 136'd whilst engaging in behaviour that could have potentially constitute a criminal offence- it didn't show up on my enhanced DBS.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/295392/DBS_Applicant_s_introduction_to_QAF_March_2014.pdf
On page 7 you can find the decision making framework regarding disclosures.
Enhanced DBS checks aren't an occupational health assessment, they don't take into consideration the current nature or degree of your mental illness, they are only there to determine if your past behaviour (or that of a third party's) suggests that you could pose a risk to vulnerable people in the future.
Firstly all police forces have to have a data retention and disposal of records policy which should cover information relating to detentions under 136 of the mental health act. This means that after so many years the police will destroy records relating directly to your 136. So, depending on how how long ago this all happened the police may hold no record of it anyway.
Secondly, information related to detention under 136 is not automatically disclosed by the police. It isn't a punishment for a crime.
The home office realised this guidance regarding disclosures:
Only other additional factors can make a mental illness relevant for disclosure. A person with
mental ill health may experience a specific episode that brings them into contact with the
police. Such an episode may lead to detention. The fact of detention under sections 135(1)
or 136 of the Mental Health Act 1983 is unlikely, in itself, to be sufficient to justify disclosure.
Sections 135(1) and 136 provide the police with powers to remove a person to a place of
safety when the person is believed to be suffering from a mental disorder and is in need of
care or control. Such a detention under the Mental Health Act does not constitute a criminal
investigation and should therefore be treated with great caution when considering relevance
for disclosure.
mental ill health may experience a specific episode that brings them into contact with the
police. Such an episode may lead to detention. The fact of detention under sections 135(1)
or 136 of the Mental Health Act 1983 is unlikely, in itself, to be sufficient to justify disclosure.
Sections 135(1) and 136 provide the police with powers to remove a person to a place of
safety when the person is believed to be suffering from a mental disorder and is in need of
care or control. Such a detention under the Mental Health Act does not constitute a criminal
investigation and should therefore be treated with great caution when considering relevance
for disclosure.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/452321/6_1155_HO_LW_Stat_Dis_Guide-v3.pdf
I have been 136'd whilst engaging in behaviour that could have potentially constitute a criminal offence- it didn't show up on my enhanced DBS.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/295392/DBS_Applicant_s_introduction_to_QAF_March_2014.pdf
On page 7 you can find the decision making framework regarding disclosures.
Enhanced DBS checks aren't an occupational health assessment, they don't take into consideration the current nature or degree of your mental illness, they are only there to determine if your past behaviour (or that of a third party's) suggests that you could pose a risk to vulnerable people in the future.
(edited 2 years ago)
Original post by glassalice
Absolutely positive. I may not have been sectioned under the MH act, and I don't know if it even shows up on DBS checks, but even if it doesn't thos is something that absolutely has to be raised with occupational health checks. The university needs to know that a prospective student is suitable to join the course - this includes mental health as well as physical - and the same applies to joining the NMC register. The guidance actually states that they need to know if you have a health conditon/disability which affects your practice, and that you are capable of safe and effective practice (page 8, no. 34 and 35). Remember that health conditions and disabilities include mental health, therefore it's something that needs to be assessed especially considering OP's history.
Original post by Emily_B
Absolutely positive. I may not have been sectioned under the MH act, and I don't know if it even shows up on DBS checks, but even if it doesn't thos is something that absolutely has to be raised with occupational health checks. The university needs to know that a prospective student is suitable to join the course - this includes mental health as well as physical - and the same applies to joining the NMC register. The guidance actually states that they need to know if you have a health conditon/disability which affects your practice, and that you are capable of safe and effective practice (page 8, no. 34 and 35). Remember that health conditions and disabilities include mental health, therefore it's something that needs to be assessed especially considering OP's history.
Could OP disclose their mental health condition without mentioning being detained under 136 of the MHA or doesn't it work like that? What about if the incident had occurred a long time ago?
Wow thank you so much everyone! My last 136 was August 2020 which when I send my uni application off will be over a year since! Thank you everyone, you’ve all put my mind at rest 😊
(edited 2 years ago)
Original post by glassalice
Could OP disclose their mental health condition without mentioning being detained under 136 of the MHA or doesn't it work like that? What about if the incident had occurred a long time ago?
I clearly said that it has to be brought up. This includes being sectioned. OP has stated that the last incident was 2020 - yes this was a while ago, but OH at least will want - and need - to know how frequently this has happened to safeguard OP and their patients.
Original post by Emily_B
I clearly said that it has to be brought up. This includes being sectioned. OP has stated that the last incident was 2020 - yes this was a while ago, but OH at least will want - and need - to know how frequently this has happened to safeguard OP and their patients.
Thank you for your input.
Original post by glassalice
Could OP disclose their mental health condition without mentioning being detained under 136 of the MHA or doesn't it work like that? What about if the incident had occurred a long time ago?
Original post by Emily_B
I clearly said that it has to be brought up. This includes being sectioned. OP has stated that the last incident was 2020 - yes this was a while ago, but OH at least will want - and need - to know how frequently this has happened to safeguard OP and their patients.
Below is some information about DBS checks .
The advanced checks are more intrusion to anyone who needs it for working .
Around one in four of the UK adult population will suffer from a mental health problem every year. Talking about mental health has been taboo, but we’re finally starting to opening up as a nation and talk about mental health issues. Mental health covers a wide spectrum from people who might feel down at times to people who are ill enough to need care in hospital. Once recovered, experts agree that getting a job is a good step to recovery and mental health management for many people, but people who have had some sort of health crisis in the past which required police involvement are often very concerned about what will be shown on a DBS check into their criminal records.
STANDARD DBS CHECKS
A standard DBS check will not include any information about your mental health, and will only disclose convictions which are unspent under the Rehabilitation of Offenders Act. Of course, it may be the case for some that offences were committed while their mental health was poor, and these will still be disclosed. Standard DBS checks are carried out on people who are working in the legal and financial industries, or in settings such as hospitals but without direct contact with patients. Employers will look at the information disclosed on a case by case basis.
ENHANCED DBS CHECKS
It’s really the enhanced level of DBS checks which are of most concern to people who have mental health problems in their past. Enhanced checks show much more information than the standard checks, detailing not only recent convictions, but also spent convictions and cautions as well as any Police Intelligence information which the Police feels might be relevant to the position being applied for. This is where the issue lies – back in 2014 a Home Office committee raised concerns that the Police were disclosing information which was not relevant, and which was not in proportion to the job being discussed. People who were in the past seriously mentally ill and were sectioned by the Police under the Mental Health Act found that this information was being disclosed in the future, and it was affecting their chances of getting a job.
DECIDING WHAT INFORMATION TO INCLUDE
New guidelines have been issued by the government on including mental health information on DBS checks. The main consideration is that the information must be relevant. When deciding whether to disclose information, the Police also weigh up the time since the incident, and conduct since. The source of the information should also be considered. The main point to remember is that on its own, information about your mental health is unlikely to be appropriate for disclosure.
Original post by Shannon.Leanne
I’m applying for mental health nursing 2022 entry. I have a question. One uni I’m applying for says that a police check is required before starting. I’ve been detained multiple times by police under section 136 of the mental health act. Is this going to show up and impact it or show up?
Hii
I’m literally in the same situation. Did this effect your uni application?
you not a criminal. your detentions need to be declared. both in the police check and occy health. obviously they will be worried over your health but it will be that the course does not cause you harm. just apply and see. you can always talk to a tutor at the uni you fancy. remember your health issue is covered by the disability act. they must adapt the course to meet your condition.
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