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PostPosted: Fri Feb 03, 2006 5:09 pm 
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herfordian wrote:
But we shall have to wait and see if I am granted leave to appeal and the outcome of the hearing, but the law is very clear on the issue so i would expect a success.

Did you not consider the Ombudsman? :-k

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PostPosted: Fri Feb 03, 2006 5:17 pm 
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herfordian wrote:
An Enhanced Disclosure will be available only if the Registered Body believes that the taxi driver in question is likely to be regularly in sole charge of people aged under 18 or vulnerable adults.

If we were to do a poll on TDO, then I'm pretty sure most, if not all, drivers would say they regularly pick up under 18s and/or elderly people.

Or have I missed something? :?

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PostPosted: Fri Feb 03, 2006 5:40 pm 
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Sussex wrote:
herfordian wrote:
But we shall have to wait and see if I am granted leave to appeal and the outcome of the hearing, but the law is very clear on the issue so i would expect a success.

Did you not consider the Ombudsman? :-k



No. This is a continuing battle against the council for refusing to reissue my licence. When we finally got to pre-trail hearing the councils solicitor said that the magistrates was not the place to deal with the issues that i was raising and the case needed to go to Judicial Review for decisions.

This meant I only had two weeks to submit my application befire the end of the deadline for applying for review. If i went to the ombudmans it would rule out going to the high courts


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PostPosted: Fri Feb 03, 2006 5:44 pm 
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Sussex wrote:
herfordian wrote:
An Enhanced Disclosure will be available only if the Registered Body believes that the taxi driver in question is likely to be regularly in sole charge of people aged under 18 or vulnerable adults.

If we were to do a poll on TDO, then I'm pretty sure most, if not all, drivers would say they regularly pick up under 18s and/or elderly people.

Or have I missed something? :?


I think you may have missed out on proportionality :) but seriously I'll llet you know the full items you are missing out on after the case. Don't know who's reading this and don't want to give too much away :wink:

Not all elderly people are classed as vulnerable, only those who are in need of a certain level of care are. In the last 12 months as a night driver I have carried may be 4 children without supervision. This is not likely to be considered to be regularly carrying under 18's it's certainly not going to be considered carrying under 18 more than would normally be expected of a hackney carriage driver.

Kevin


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PostPosted: Fri Feb 03, 2006 5:53 pm 
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I agree that most vunerable people travel during the day, but the council can't license drivers just for night work.

I think councils should do enhanced CRB checks, but be flexible with the info that comes in from them.

So if someone did something bad 20 years ago, then that should be compared with what that individual has done in the last 20 years.

I'm not a massive fan of some licensing officers, but I think on this issue that haven't got a lot of choice. But I wish you well in trying to clear it all up. :wink:

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PostPosted: Fri Feb 03, 2006 6:00 pm 
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Sussex wrote:
So if someone did something bad 20 years ago, then that should be compared with what that individual has done in the last 20 years.


But that would come out on a standard disclosure. The difference between an enhanced and standards is that an enhanced disclosure contains everything that a standard has plus a report from the local police on unsubstantiated claims, gossips and rumours. While these may be important in relation to teachers and foster carers I see no reason for it's importance in realtion to taxi driving.

The requirement of an enhanced crb cost me over 3,000 in lost earnings becasue a standard disclosure could have been issued pretty much straight away because it comes from the national computer whereas the crb unit had to wait for replies from 5 different police forces before they could issue an enhanced disclosure. I see no reason why I should have to foot the bill of some silly power crazed licensing officer who wanted to know about any gossip about me.

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PostPosted: Fri Feb 03, 2006 7:41 pm 
the local police not only contribute to crbs.
but if you are cautioned or do somethink you shouldnt they tell the council straight away.
by all accounts a couple of drivers have had there licenses revoked without a crb.


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PostPosted: Fri Feb 03, 2006 9:31 pm 
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Sussex wrote:
I agree that most vunerable people travel during the day, but the council can't license drivers just for night work.

I think councils should do enhanced CRB checks, but be flexible with the info that comes in from them.

So if someone did something bad 20 years ago, then that should be compared with what that individual has done in the last 20 years.

I'm not a massive fan of some licensing officers, but I think on this issue that haven't got a lot of choice. But I wish you well in trying to clear it all up. :wink:


Hello, Sussex, Jimbo here, do I hear the sound of furious backpeddalling from you? I will happily accept your apology. Like I said, Lincoln leads where others follow. Enhanced checks for a standard licence is an abuse of power. :cry: :wink:


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 Post subject: Re: LIST 99 Etc
PostPosted: Fri Feb 03, 2006 9:32 pm 
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jimbo wrote:
Sussex wrote:
smiffyz (geoff) wrote:
How many of us carry kids without parents? (not forgetting anyone under age 16 is classed as a kid).
Do we now have to think seriously about doing these sort of jobs at all?

I imagine we all do, but then we all have at least one enhanced CRB check every three years.

That said, it's another bloody good reason to have CCTV in the motor. :wink:


Re: Enhanced checks.

I understand that LA's cannot insist on enhanced checks for a standard Hackney Carriage or Private Hire badge. If you carry out Schools contracts on behalf of the Education Authority, they will require the enhanced check. When this LA first introduced CRB checks, they decided on enhanced checks, which have since been downgraded to a standard check, for a drivers badge. I understand that a ruling was may a few yearsago that an enhanced check could not be made without good cause.
It was this one, Sussex.


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 Post subject: Re: LIST 99 Etc
PostPosted: Fri Feb 03, 2006 9:33 pm 
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Sussex wrote:
jimbo wrote:
Hmmmmmmmmmmmmmm.... all you want to Sussex, the fact remains.

The fact remains that your manor isn't acting as it should. :wink:


Want to retract this one, Sussex?


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 Post subject: Re: LIST 99 Etc
PostPosted: Fri Feb 03, 2006 9:34 pm 
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Sussex wrote:
jimbo wrote:
In your opinion..

Which is wrong...

Every other manor bar yours insists on enhanced CRB checks.

Now are 342 councils wrong, or is Lincoln wrong? You decide. 8-[


And this one...


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PostPosted: Fri Feb 03, 2006 9:50 pm 
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jimbo wrote:
Hello, Sussex, Jimbo here, do I hear the sound of furious backpeddalling from you? I will happily accept your apology. Like I said, Lincoln leads where others follow. Enhanced checks for a standard licence is an abuse of power. :cry: :wink:

Hello Jimbo, Sussex here. :D

I await what a court says, but I would be amazed, nay shocked, if a court declares that a standard CRB check is sufficient. :wink:

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 Post subject: Re: LIST 99 Etc
PostPosted: Fri Feb 03, 2006 9:50 pm 
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jimbo wrote:
Want to retract this one, Sussex?

No.

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 Post subject: Re: LIST 99 Etc
PostPosted: Fri Feb 03, 2006 9:51 pm 
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jimbo wrote:
And this one...

No.

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 Post subject:
PostPosted: Fri Feb 03, 2006 9:52 pm 
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Sussex wrote:
jimbo wrote:
Hello, Sussex, Jimbo here, do I hear the sound of furious backpeddalling from you? I will happily accept your apology. Like I said, Lincoln leads where others follow. Enhanced checks for a standard licence is an abuse of power. :cry: :wink:

Hello Jimbo, Sussex here. :D

I await what a court says, but I would be amazed, nay shocked, if a court declares that a standard CRB check is sufficient. :wink:


Prepare yourself for a shock then, have a sit down,and a cup of tea.


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