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PostPosted: Wed Feb 08, 2006 12:03 pm 
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Joined: Fri Oct 14, 2005 10:46 am
Posts: 137
Just past the first hurdle on this matter.

Recieved my leave for appeal through the post this morning.

By being given leave to appeal it basically means I have a strong arguement that needs to be heard.

Role on the Royal Court of Justice.

Anyone suggest something suitable to wear? I cann't see my taxi drivers uniform of string vest and baggy shorts being suitable attire :)

Kevin


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PostPosted: Tue Mar 14, 2006 11:28 am 
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Joined: Fri Oct 14, 2005 10:46 am
Posts: 137
Here's a few interesting links for you covering crb checks

http://www.personneltoday.com/Articles/ ... checks.htm

http://www.personneltoday.com/Articles/ ... checks.htm

Kevin
http://www.monmouthtaxis.co.uk


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PostPosted: Sat Mar 18, 2006 12:08 pm 
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Joined: Fri Oct 14, 2005 10:46 am
Posts: 137
here's an interesting ruling on crb checks and taxi drivers;

In the present case we know that the Magistrates were not satisfied with the 2002 CRB check. But I do not think that it necessarily follows that, if there were no 2005 CRB record check the Magistrates would inevitably have had to dismiss the appeal. They may have done so. Mr Jenkinson's failure to obtain the 2005 record check would have been a formidable hurdle in his way of persuading the Magistrates that he was a fit and proper person, but it is not a statutory condition for the grant of a licence that an applicant has a recent CRB check. I cannot say that dismissal would have been the inevitable outcome of an appeal hearing which had not been adjourned.

Darlington Borough Council
Claimant

- and -


Bishop Auckland Magistrates Court

http://www.bailii.org/ew/cases/EWHC/Admin/2006/306.html


Kevin
http://www.monmouthtaxis.co.uk


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PostPosted: Sat Mar 18, 2006 12:30 pm 
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Joined: Fri Oct 14, 2005 10:46 am
Posts: 137
more info on the issue of enhanced v standard disclosures:


Initially the CRB had advised Licensing Authorities that the level of checks required was a matter for them. The Council had determined to request enhanced checks applications for licences believing that the enhanced checks was appropriate as:

persons under 18 years regularly use Hackney Carriage and Private Hire Vehicles for non-organised purposes within the area of the Authority;


Hackney Carriages/Private Hire Companies are contracted to many schools and colleges to provide a hire and reward service to unsupervised under 18 year olds;


parents frequently use Hackney Carriages and Private Hire Vehicles to provide unsupervised travel arrangements for their children;


there is an existing public expectation that Hackney Carriage/Private Hire drivers have been comprehensibly checked and are suitable persons to whom to entrust unsupervised persons under the age of 18 years;


the law recognises that Hackney Carriage and Private Hire drivers are a special case. The Rehabilitation of Offenders Act, 1974 (Exceptions) (Amendment) Order 2002 sets out those occupations and positions exempt from the provisions of the Rehabilitation of Offenders Act. These are generally positions of trust, where there is valid need to see a person's full criminal history. The Order enables Authorities to consider details of an applicants unspent convictions in accessing their fitness for the role. There has been considerable confusion within Licensing Authorities as to whether private hire vehicles and taxi drivers should be subject to standard disclosures (revealing current and spent criminal convictions and cautions) or enhanced disclosures (which also include local Police record information). Following the review, the CRB indicated that they wished to amend the discretionary element so that only standard disclosures are routinely given for taxi and private hire drivers. Many Authorities have approached them to say that all taxi and private hire drivers should be subject to enhanced disclosures. The category eligibility for enhanced disclosures requests are set out in Section 115 of the Police Act, and primarily concerned those applying for position involving health care, social work, working with children or vulnerable adults. There are taxi drivers whose normal duties involve being in sole charge of either children or vulnerable adults, for example, those who undertake a school contract or arrangements made by a care home are regularly involved in transporting unaccompanied children or vulnerable adults to and from school or medical appointments. The Home Office however believe that the case for all taxi drivers to qualify for enhanced disclosure has not been made.


Minutes of the Public Protection committee for Cardiff City Council

http://www.cardiff.gov.uk/government/en ... 03_Feb.htm


Kevin
http://www.monmouthtaxis.co.uk


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