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Studentnurse9879
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#1
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#1
Hello!

I am currently on a nursing degree. I recently received notice of a non-molestation order (civil court). Do I need to tell my university? Does this show up on a DBS and will it get me thrown off the course? I'm really worried about it and don't know what to do.
Last edited by Studentnurse9879; 1 month ago
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Tracey_W
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#2
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#2
(Original post by Studentnurse9879)
Hello!

I am currently on a nursing degree. I recently received notice of a non-molestation order (civil court). Do I need to tell my university? Does this show up on a DBS and will it get me thrown off the course? I'm really worried about it and don't know what to do.
Emily_B although its a non molestation order for violence against ( either you or partner ) then the NMC may have right to know about it because of the nature of the job you doing as a student nurse............. Read through the NMC regulations as I know its huge but would give you some guidance whether you may have to report it to them as at the end of the day it could affect you getting your pin issued if any sort of offences not declared. Last thing you want after working hard to be a nurse when qualifying.

I'm a registered midwife...........

============================================
This is what the NMC health & character guidance says on this.........

Declaring police charges, cautions, convictions and conditional
discharges
88. If you’re on the register when you receive a police charge, caution, conviction or
conditional discharge, you must tell us and your employer as soon as you can.
This is in keeping with the Code (paragraph 23.2).
89. If you’re not on the register when you are subject to a criminal investigation but
you receive a police charge, caution, conviction or conditional discharge when
you’re on the register, you must tell us as soon as you can after receiving it. This
is in keeping with the Code (paragraph 23.2).
90. Please email [email protected] with your full name, Pin and details of
the charge, caution, conviction or conditional discharge. Our Fitness to Practise
team will get in touch to tell you what will happen next.
91. You shouldn’t wait until renewal to tell us about a police charge, caution,
conviction or conditional discharge. The Code requires that you tell us ‘as soon
as you can’. A failure to disclose a police charge, caution, conviction or
conditional discharge may call into question your fitness to practise even if the
offence itself was not serious.
If your registration is lapsed and you receive a charge, caution, conviction
or conditional discharge
92. If you aren’t currently on the register because your registration has lapsed, you
are required to tell us about any charges, cautions, convictions or conditional
discharges when you apply for readmission.
If you’re a student or an apprentice
93. You will be required to tell your education institution of any police charges,
cautions, convictions or conditional discharges when you apply to study to be a
nurse, midwife or nursing associate. Please refer to your education institution if
you have any questions about what you need to declare to them.
94. If you are charged with a criminal offence or receive a caution, conviction or
conditional discharge while you are studying, you must tell your education
institution. The education institution will then investigate the charge, caution,
conviction or conditional discharge to decide if it calls into question whether you
are of good character and if you can remain on your course.
95. Your education institution will provide a supporting declaration for you when you
join the register. When we assess the character of a student applying for
registration who has disclosed to us a police charge, caution, conviction or
conditional discharge, we will check whether the student has disclosed it to their
education institution. A failure to disclose a police charge, caution, conviction
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Studentnurse9879
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#3
Report Thread starter 1 month ago
#3
Hi! I have read through this but nothing is said about civil cases, hence the confusion. It's not a police charge, caution, conviction or discharge. I've researched about the disclosure of civil issues but nothing comes up :/

I'm going to do a subject access request and see if it's disclosed on a DBS. It's not criminal so there's no official guidance.
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Tracey_W
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#4
Report 1 month ago
#4
(Original post by Studentnurse9879)
Hi! I have read through this but nothing is said about civil cases, hence the confusion. It's not a police charge, caution, conviction or discharge. I've researched about the disclosure of civil issues but nothing comes up :/

I'm going to do a subject access request and see if it's disclosed on a DBS. It's not criminal so there's no official guidance.
Hi

Yeah reason why I suggested reading through it thoroughly as I'm same with this like but it won't show up on your DBS unless it's requested when you finally apply for jobs on qualifying as that where they dig deep if required like.

This only stay on file for between 6 - 12 months I think so therefore may not be anything to worry on but you won't be kicked out the course okay unless it was a more serious offence .
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Cancelled Alice
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#5
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#5
(Original post by Studentnurse9879)
Hi! I have read through this but nothing is said about civil cases, hence the confusion. It's not a police charge, caution, conviction or discharge. I've researched about the disclosure of civil issues but nothing comes up :/

I'm going to do a subject access request and see if it's disclosed on a DBS. It's not criminal so there's no official guidance.
Guidance can be found regarding the disclosure of police intelligence on the DBS’s website. You can go and find it yourself though.
SAR will allow you to see the information that the police hold about you, however it won’t indicate whether said information would be disclosed on an enhanced DBS check. Information is only disclosed if at the time the police feel that it is relevant and doing so would be proportional.
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Cancelled Alice
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#6
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#6
(Original post by Tracey_W)
Hi

Yeah reason why I suggested reading through it thoroughly as I'm same with this like but it won't show up on your DBS unless it's requested when you finally apply for jobs on qualifying as that where they dig deep if required like.

This only stay on file for between 6 - 12 months I think so therefore may not be anything to worry on but you won't be kicked out the course okay unless it was a more serious offence .
I’ve got no idea how the police treat data about non-molestation orders.

I’ve also got no idea what information the police hold on OP (if any) in relation to the circumstances surrounding it.

However the police do hold onto information about potential criminal behaviour for a minimum of 6 years, as per individual forces data retention and deletion policy.

The police can disclose the information that they hold via enhanced DBS checks if it is relevant and doing so is proportional.

You are potentially offering OP false reassurance.
Last edited by Cancelled Alice; 1 month ago
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Tracey_W
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#7
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#7
(Original post by Cancelled Alice)
I’ve got no idea how the police treat data about non-molestation orders.

I’ve also got no idea what information the police hold on OP (if any) in relation to the circumstances surrounding it.

However the police do hold onto information about potential criminal behaviour for a minimum of 6 years, as per individual forces data retention and deletion policy.

The police can disclose this information that they hold via enhanced DBS checks if that it’s relevant and doing so is proportional.

You are however potentially offering OP false reassuranc
How long does a non-molestation order stay on your record...........

Does a Non-Molestation Order ever expire..... Yes it does.
A Non-Molestation Order is always granted with a specific time period – typically 12 months, although there are numerous cases of both shorter and longer periods being granted.


How long does a non-molestation order last UK........
A Non-Molestation Order is usually granted for a period of six or 12 months initially and an extension to this can be applied for as long as the original order has not yet expired. If the order expires, a new application will need to be made.
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Tracey_W
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#8
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#8
(Original post by Cancelled Alice)
I’ve got no idea how the police treat data about non-molestation orders.

I’ve also got no idea what information the police hold on OP (if any) in relation to the circumstances surrounding it.

However the police do hold onto information about potential criminal behaviour for a minimum of 6 years, as per individual forces data retention and deletion policy.

The police can disclose this information that they hold via enhanced DBS checks if that it’s relevant and doing so is proportional.

You are however potentially offering OP false reassurance.
A non-molestation order has been made against me. Will this impact on my job...

A non-molestation order is not the same as a criminal conviction. The standard of proof is not as high as in criminal proceedings and it can be put in place by consent without any findings being made against the individual involved at all.

It would not appear on a basic or standard DBS check. It could however come up on an enhanced DBS check as the Police will be aware of it if a copy has been provided to them (as is standard procedure). The Police should only disclose it if they consider it to be relevant to the application for which the check has been requested.

A breach of a non-molestation order is a criminal offence and would appear on a DBS check, but this would be subject to the rules relating to spent convictions (when after a particular period of time the individual is treated as if the offence hadn’t occurred) and filtering (these rules determine whether an individual has to declare convictions and cautions even though they are spent).
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Cancelled Alice
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#9
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#9
(Original post by Tracey_W)
How long does a non-molestation order stay on your record...........

Does a Non-Molestation Order ever expire..... Yes it does.
A Non-Molestation Order is always granted with a specific time period – typically 12 months, although there are numerous cases of both shorter and longer periods being granted.


How long does a non-molestation order last UK........
A Non-Molestation Order is usually granted for a period of six or 12 months initially and an extension to this can be applied for as long as the original order has not yet expired. If the order expires, a new application will need to be made.
Group 3: All other offences
Records relating to people who are convicted, acquitted, charged, arrested, questioned or implicated for offending behaviour that does not fall within group 1 or group 2 are dealt with in group 3.
Group 3 offences may be deleted without manual review, after a six-year clear period, if certain criteria are met.




Retain for an initial six-year clear period, followed by subsequent five-year clear period reviews.
Either review and risk assess after a six-year clear period or carry out time-based disposal depending on force policy.

https://www.app.college.police.uk/ap...other-offences

It all depends on what information the police hold about OP surrounding the circumstances of the molestation order. Whilst the police have information on record it could potentially be disclosed via an enhanced DBS check.
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Cancelled Alice
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#10
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#10
(Original post by Tracey_W)
A non-molestation order has been made against me. Will this impact on my job...

A non-molestation order is not the same as a criminal conviction. The standard of proof is not as high as in criminal proceedings and it can be put in place by consent without any findings being made against the individual involved at all.

It would not appear on a basic or standard DBS check. It could however come up on an enhanced DBS check as the Police will be aware of it if a copy has been provided to them (as is standard procedure). The Police should only disclose it if they consider it to be relevant to the application for which the check has been requested.

A breach of a non-molestation order is a criminal offence and would appear on a DBS check, but this would be subject to the rules relating to spent convictions (when after a particular period of time the individual is treated as if the offence hadn’t occurred) and filtering (these rules determine whether an individual has to declare convictions and cautions even though they are spent).
Whilst the non-molestation order in it’s self might not impact OP’s future career, the circumstances around it very much can.
IMO it’s unethical to lull op into a false sense of security because you don’t understand how enhanced DBS checks work and don’t want to admit it.
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Tracey_W
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#11
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#11
(Original post by Cancelled Alice)
Whilst the non-molestation order in it’s self might not impact OP’s future career, the circumstances around it very much can.
IMO it’s unethical to lull op into a false sense of security because you don’t understand how enhanced DBS checks work and don’t want to admit it.
So I didn't have a DBS check done prior to being allowed to work

WHO NEEDS AN ENHANCED DBS CHECK............................
These checks are only available to people engaging with the most vulnerable and at-risk demographics in our society. Healthcare professionals, support workers, teachers all come under this classification.

However, some roles are exempt from the normal criteria. For example, taxi and private hire drivers all need an Enhanced DBS check in place for their licence. As they commonly transport the most vulnerable groups in society, these checks are essential to help safeguard the public.

WHAT DOES AN ENHANCED DBS CHECK SHOW....….........
This level of check shows full details of a criminal record. This includes cautions, warnings, reprimands, spent and unspent convictions. It can also search the children and vulnerable adults ‘barred list’ to see if the applicant is prohibited from working with these groups. Local police can also add any relevant information about the applicant.

WHAT CRITERIA NEED TO BE MET FOR ENHANCED DBS CHECKS................
Whether you can process Enhanced DBS Checks is determined by ‘eligibility criteria’. Any given job role needs to meet certain eligibility criteria before the checks can begin. The criteria can be complicated.

These rules are in place to avoid potential discrimination against rehabilitated ex-offenders trying to re-integrate with society.
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Cancelled Alice
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#12
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#12
(Original post by Tracey_W)
So I didn't have a DBS check done prior to being allowed to work

WHO NEEDS AN ENHANCED DBS CHECK............................
These checks are only available to people engaging with the most vulnerable and at-risk demographics in our society. Healthcare professionals, support workers, teachers all come under this classification.

However, some roles are exempt from the normal criteria. For example, taxi and private hire drivers all need an Enhanced DBS check in place for their licence. As they commonly transport the most vulnerable groups in society, these checks are essential to help safeguard the public.

WHAT DOES AN ENHANCED DBS CHECK SHOW....….........
This level of check shows full details of a criminal record. This includes cautions, warnings, reprimands, spent and unspent convictions. It can also search the children and vulnerable adults ‘barred list’ to see if the applicant is prohibited from working with these groups. Local police can also add any relevant information about the applicant.

WHAT CRITERIA NEED TO BE MET FOR ENHANCED DBS CHECKS................
Whether you can process Enhanced DBS Checks is determined by ‘eligibility criteria’. Any given job role needs to meet certain eligibility criteria before the checks can begin. The criteria can be complicated.

These rules are in place to avoid potential discrimination against rehabilitated ex-offenders trying to re-integrate with society.
Well I am sorry then, I am struggling to believe that you really are a midwife, to work as a midwife in England, Wales or Northern Island, you would have to undergo an enhanced DBS check and be checked against the children’s and adult’s barring list.
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Tracey_W
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#13
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#13
PROTECTING VULNERABLE GROUPS (PVG) SCHEME
Types of work covered by PVG
This was last updated 11 Jun 2021
Contents
The PVG scheme
Types of work covered by PVG
Types of PVG disclosure record
The PVG Scheme doesn't apply to all jobs and volunteering. It only applies to 'regulated work'. There are 2 types of regulated work – work with children and work with protected adults. Regulated work is usually jobs including:

caring responsibilities
teaching or supervising children and/or protected adults
providing personal services to children and/or protected adults
working directly with children and/or protected adults
There are many kinds of roles, both paid or unpaid. Some examples are:

nurse
child-minder
girl guide leader
dentist
It can also apply to certain positions of trust within organisations, even where the role doesn't involve any direct contact with children or protected adults. Examples of this include:

membership of certain council committees trustees of charities focused on children
trustees of charities focused on protected adults
Some employers, like aid agencies, send staff or volunteers to provide care and education, for example, to people in countries outside the UK. These employers can apply to have an individual PVG-checked when that work, if done in Scotland, would be considered to be 'regulated work'.
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Cancelled Alice
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#14
Report 1 month ago
#14
(Original post by Tracey_W)
PROTECTING VULNERABLE GROUPS (PVG) SCHEME
Types of work covered by PVG
This was last updated 11 Jun 2021
Contents
The PVG scheme
Types of work covered by PVG
Types of PVG disclosure record
The PVG Scheme doesn't apply to all jobs and volunteering. It only applies to 'regulated work'. There are 2 types of regulated work – work with children and work with protected adults. Regulated work is usually jobs including:

caring responsibilities
teaching or supervising children and/or protected adults
providing personal services to children and/or protected adults
working directly with children and/or protected adults
There are many kinds of roles, both paid or unpaid. Some examples are:

nurse
child-minder
girl guide leader
dentist
It can also apply to certain positions of trust within organisations, even where the role doesn't involve any direct contact with children or protected adults. Examples of this include:

membership of certain council committees trustees of charities focused on children
trustees of charities focused on protected adults
Some employers, like aid agencies, send staff or volunteers to provide care and education, for example, to people in countries outside the UK. These employers can apply to have an individual PVG-checked when that work, if done in Scotland, would be considered to be 'regulated work'.
Are you trying to tell me that you work in Scotland?
I don’t know anything about PVG checks, it appears that they preform the same function as enhanced DBS checks, so I would guess that they also work in a similar way because otherwise everyone with a dodgy past would be hopping, skipping and jumping over the boarder.
If OP wants a job in England, Wales or Northern Island (they are presumably studying in one of the three), they will unlike you have to undergo an enhanced DBS check.
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Studentnurse9879
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#15
Report Thread starter 1 month ago
#15
I have read all the information from Google that people have kindly copied and pasted on here haha. I am going to ring the RCN tomorrow and just ask directly. I want to join the bank soon so I was worried it would affect this too. Will just have to wait and see. Will update on the outcome for anyone interested
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Emily_B
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#16
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#16
(Original post by Cancelled Alice)
Well I am sorry then, I am struggling to believe that you really are a midwife, to work as a midwife in England, Wales or Northern Island, you would have to undergo an enhanced DBS check and be checked against the children’s and adult’s barring list.
Midwifery, as a profession, isn't exclusive to England, Wales and Northern Ireland though... where does it say that people on this site only come from those 3 countries!?!
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Cancelled Alice
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#17
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#17
(Original post by Emily_B)
Midwifery, as a profession, isn't exclusive to England, Wales and Northern Ireland though... where does it say that people on this site only come from those 3 countries!?!
Tracey stated that she didn’t need an enhanced DBS to work as a nurse, but neglected to provide any context what so ever.
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Tracey_W
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#18
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#18
(Original post by Emily_B)
Midwifery, as a profession, isn't exclusive to England, Wales and Northern Ireland though... where does it say that people on this site only come from those 3 countries!?!
" So I didn't have a DBS check done prior to being allowed to work" - that what person trying to state as how as according to them I don't know about DBS or as up here PVG.... Only if they read it properly
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Tracey_W
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#19
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#19
(Original post by Cancelled Alice)
Tracey stated that she didn’t need an enhanced DBS to work as a nurse, but neglected to provide any context what so ever.
Nope - if you read it properly you would have seen it was aimed at you saying differently on things
" So I didn't have a DBS check done prior to being allowed to work" ... ..........
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Tracey_W
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#20
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#20
(Original post by Emily_B)
Midwifery, as a profession, isn't exclusive to England, Wales and Northern Ireland though... where does it say that people on this site only come from those 3 countries!?!
Exactly, as thought UK was made up from 4 different countries and not 3 as I had to check the map of UK to see if it was only 3 but it says 4.........
Loads of people think UK is only England ( no offence Emily to you ok ).
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