Disqualification Orders

What is a Disqualification Order?

A Disqualification Order is an order handed down by the courts which disallows an individual - be they male or female - from working with children because of an offence they have committed previously.

This order is more likely to be handed down in the individual in question has been involved in the abuse of a child, elderly person or other who is considered to be of a vulnerable disposition.

Where Do Disqualification Orders Apply?

The issuing of a Disqualification Order means that the individual who has been in receipt of it cannot work in any of the following institutions:

• Hospital
• Children's Home
• School
• Nursery
• Crèche
• Foster Home
• Residential Home

This of course is not an exhaustive list but for the most part these are the most common areas where a Disqualification Order can come into force.

What Does Having a Disqualification Order mean?

Simply put it means that you cannot work with minors, teenagers, the elderly or persons of a vulnerable disposition - such as those who are handicapped or suffer from emotional traumas.

A Disqualification Order will automatically preclude you from working in such an environment if one has been issued against you and as such any attempt to apply for a job in any of these areas will result in your automatically being refused.

It is fair to say that many of the individuals who have Disqualification Orders handed down against them by the courts do not attempt to apply for such jobs but a small percentage do and it is at this time when the orders come into their own.

What Happens if I Apply for a Job whilst under a Disqualification Order?

If you have a Disqualification Order already in force against you then it is wise not to apply for any of the aforementioned positions. If you do however you should be aware that you are immediately guilty of an offence. In this instance the offence is attempting to obtain work in a regulated position whilst under a Disqualification Order.

To clarify matters it is best to look at the work the Criminal Records Bureau do. The Criminal Records Bureau (CRB) are charged with the task of providing security checks - so called CRB checks - for prospective employers which detail any criminal offences that may have been committed by the individual applying for a job.

If an employer seeks such a check then he or she must be aware that if they find anything relating to a Disqualification Order then they must automatically disqualify you from any further interviews or indeed offering you the job.

In this instance not only would you be breaking the law but so too would your prospective employer if they did not heed the instructions of the Disqualification Order.

What is a Regulated Position?

A regulated position is a position that directly involves the care of minors, teenagers or the elderly in any of the environments we have already mentioned. Such regulated positions carry with them a series of automatically carried out checks such as the Criminal Records Bureau (CRB) check and these checks must come back clear in order for your application to be processed even to the interview stage.

For more information you should contact your local authority or visit the website of the Criminal Records Bureau at www.crb.gov.uk.