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Why are councils allowed to get away with this ?
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Author:  edders23 [ Fri Mar 07, 2008 7:36 pm ]
Post subject:  Why are councils allowed to get away with this ?
My badge was up for renewal on 13th Feb 2008 I put my forms into the council on the 22nd of january more than 3 weeks before the due date

14th feb arrived no sign of my badge " we are waiting for your crb to come back" OK well at the moment it is taking up to 6 weeks for CRB checks My CRB check arrived back dated 29th FEB so i was expecting my badge asap since i have been having to drive without a valid badge for over 2 weeks by today Friday still no sign so i phoned them up

with our council you have to talk to a call centre you are not allowed to speak directly to the licensing section ! Nobody available to provide the info i would get a call back on MONDAY :x Then half an hour later the call centre phoned me back to tell me my application would be processed today !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :evil:

Other drivers have been issued with a temporary badge and received their proper badge within 24 hours of the recept of the CRB check but i have been left driving with no badge for over 3 weeks :twisted:

there are a few points which I think the council does not realise

1) had my insurance company found out that i had no CURRENT valid badge would they have suspended or cancelled my policy ?

2) it is a breach of conditions of license to NOT be wearing a valid badge a breach which is the councils fault not mine

3) they have had the forms since 22nd January why have they waited untill the 7th of MARCH to process the application ?

I am minded to take action against the council for this but am not sure what i can legally do any pointers ?
Author:  Sussex [ Fri Mar 07, 2008 7:45 pm ]
Post subject:  Re: Why are councils allowed to get away with this ?
edders23 wrote:
1) had my insurance company found out that i had no CURRENT valid badge would they have suspended or cancelled my policy ?

Yes, as you are driving the vehicle without a current valid license.

edders23 wrote:
2) it is a breach of conditions of license to NOT be wearing a valid badge a breach which is the councils fault not mine

I suspect it is.

edders23 wrote:
3) they have had the forms since 22nd January why have they waited untill the 7th of MARCH to process the application ?

Because they are a clueless bunch of tits.

edders23 wrote:
I am minded to take action against the council for this but am not sure what i can legally do any pointers ?

TBH I wouldn't as it will only bring up the fact that you have been driving without the correct license, and more than likely un-insured.

You need to get your council to issue the license before the CRB check comes back (only for existing licensed drivers), and then if something iffy is on the CRB check the council can always revoke it.
Author:  edders23 [ Fri Mar 07, 2008 10:37 pm ]
Post subject: 
They are Supposed to issue a temporary license i think what i need to do is to go to the department of transport and ask for their guidance on wether the council has acted improperly in this matter
Author:  allo allo [ Sat Mar 08, 2008 2:35 am ]
Post subject:  Re: Why are councils allowed to get away with this ?
Sussex wrote:
edders23 wrote:
1) had my insurance company found out that i had no CURRENT valid badge would they have suspended or cancelled my policy ?

Yes, as you are driving the vehicle without a current valid license.

I THINK THE BADGE IS PROBABLY ONLY AN IDENTIFICATION BADGE AND NOT NECCESSARILY THE ACTUAL LICENCE

edders23 wrote:
2) it is a breach of conditions of license to NOT be wearing a valid badge a breach which is the councils fault not mine

I suspect it is.

I FEAR IT IS A BREACH OF LAW NOT WEARING YOUR IDENTIFICATION BADGE
edders23 wrote:
3) they have had the forms since 22nd January why have they waited untill the 7th of MARCH to process the application ?

Because they are a clueless bunch of tits.

AGREED

edders23 wrote:
I am minded to take action against the council for this but am not sure what i can legally do any pointers ?

TBH I wouldn't as it will only bring up the fact that you have been driving without the correct license, and more than likely un-insured.

I WOULD BE SURPRISED IF THE COUNCIL TOOK ANY ACTION THOUGH AS YOUR DEFENCE WOULD BE "COUNCIL INCOMPETENCE"

You need to get your council to issue the license before the CRB check comes back (only for existing licensed drivers), and then if something iffy is on the CRB check the council can always revoke it.

A GOOD DOSE OF SUSSEX COMMON SENSE
Author:  Tom Thumb [ Sat Mar 08, 2008 9:59 am ]
Post subject: 
From what I am told a temporary licence has no legal standing at all and is worthless.

Our council issue out CRB forms three months in advance and you are expected to return them two months before your badge expires.

If a CRB isn't back with five weeks we chase it ourselves.

If you want a CRB pulled out of the pan then email your MP about any delay. I understand CRB have to respond to an enquiry from an MP within a few days. Done it twice and had CRB through within a few days.
Author:  grandad [ Sat Mar 08, 2008 12:34 pm ]
Post subject: 
Our council usually get the CRB check back in 7-10 days. I sugest that you ask your council to use a quicker company to do the checks.
Author:  edders23 [ Sat Mar 08, 2008 3:30 pm ]
Post subject: 
The CRB problem is to do with the local police part of the CRB enhanced check is to ask the local (i.e.) lincolnshire police for any recent records kept they seem to take about 4 to 6 weeks to reply On previous occassions i have had CRB checks back in 7 days after all they have a record of your previous checks and all they need to do is to check for anything in the last 3 years
Author:  echo15 [ Sun Mar 09, 2008 6:23 pm ]
Post subject: 
When I complained about how long the crb check was taking to a coucilor he advised me to complain to our local MP which I did and it was back within a week :wink:
Author:  no tips [ Sun Mar 09, 2008 8:00 pm ]
Post subject: 
Quote:
I am minded to take action against the council for this but am not sure what i can legally do any pointers ?



Put in a claim for loss of earnings as you could not work without a badge.
Author:  skippy41 [ Sun Mar 09, 2008 8:53 pm ]
Post subject: 
I think its a waist of time haveing one done every three years,
once its done the first time, all thats required is a police check untill you leave the trade :roll: :roll:
Author:  grandad [ Sun Mar 09, 2008 9:34 pm ]
Post subject: 
skippy41 wrote:
I think its a waist of time haveing one done every three years,
once its done the first time, all thats required is a police check untill you leave the trade :roll: :roll:


I think you have misunderstood the reasons for these 3 yearly CRB Checks or a new one every time you change job if you work with children etc.
It is not about protection, it is about keeping some people in work. :wink:
Author:  GBC [ Sun Mar 09, 2008 9:37 pm ]
Post subject: 
skippy41 wrote:
I think its a waist of time haveing one done every three years,
once its done the first time, all thats required is a police check untill you leave the trade :roll: :roll:


A Police check is a Criminal Record Check . . . A CRB is a Criminal Record Check. It's the same thing.

That's why the 'CRB' agency was created, to relieve the Police of the responsibility, and man hours all these checks used to take up.
Author:  Staffs Taxi Man [ Tue Mar 11, 2008 3:51 pm ]
Post subject: 
GBC wrote:
skippy41 wrote:
I think its a waist of time haveing one done every three years,
once its done the first time, all thats required is a police check untill you leave the trade :roll: :roll:


A Police check is a Criminal Record Check . . . A CRB is a Criminal Record Check. It's the same thing.

That's why the 'CRB' agency was created, to relieve the Police of the responsibility, and man hours all these checks used to take up.


I was under the impression that drivers had Enhanced CRB checks, which is different to a standard police check. Enhanced CRBs may contain sensative information about a person who may pose a potential threat towards children, women. the vulnerable etc....even if they haven't actually been convcted of anything. This could be following a complaint or a matter that is currently being investigated by the Police.
Author:  captain cab [ Tue Mar 11, 2008 11:40 pm ]
Post subject: 
Staffs Taxi Man wrote:
GBC wrote:
skippy41 wrote:
I think its a waist of time haveing one done every three years,
once its done the first time, all thats required is a police check untill you leave the trade :roll: :roll:


A Police check is a Criminal Record Check . . . A CRB is a Criminal Record Check. It's the same thing.

That's why the 'CRB' agency was created, to relieve the Police of the responsibility, and man hours all these checks used to take up.


I was under the impression that drivers had Enhanced CRB checks, which is different to a standard police check. Enhanced CRBs may contain sensative information about a person who may pose a potential threat towards children, women. the vulnerable etc....even if they haven't actually been convcted of anything. This could be following a complaint or a matter that is currently being investigated by the Police.


I was under the impression there were differing standards of CRB check

http://www.crb.gov.uk/Default.aspx?page=310

Standard Disclosure
This is primarily available to anyone involved in working with children or vulnerable adults, as well as certain other occupations and entry into professions as specified in the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974. Standard Disclosures show current and spent convictions, cautions, reprimands and warnings held on the Police National Computer. If the post involves working with children or vulnerable adults, the following may also be searched:


Protection of Children Act (POCA) List
Protection of Vulnerable Adults (POVA) List
Information that is held under Section 142 of the Education Act 2002 (formerly known as List 99)

Enhanced Disclosure
This is the highest level of check available to anyone involved in regularly caring for, training, supervising or being in sole charge of children or vulnerable adults. It is also available in certain licensing purposes and judicial appointments. Enhanced Disclosures contain the same information as the Standard Disclosure but with the addition of any relevant and proportionate information held by the local police forces.

The CRB recognises that the Standard and Enhanced Disclosure information can be extremely sensitive and personal, therefore it has published a Code of Practice and employers’ guidance for recipients of Disclosures to ensure they are handled fairly and used properly.

A copy of the Standard or Enhanced Disclosure will be sent out to the applicant as well as the Registered Body.
Author:  captain cab [ Tue Mar 11, 2008 11:45 pm ]
Post subject: 
I dont understand this temporary situation, perhaps JD could enlighten me?

http://www.crb.gov.uk/Default.aspx?page=289&qid=444

That aside the council need the CRB to issue the license as it is part of their deliberations as to whether you are fit and proper.....if you are going to claim compensation from anyone it must be the CRB?

http://www.crb.gov.uk/Default.aspx?page=289&qid=343

Mind you, if they need information back from your local police force...aint it them?

CC
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