Garda Vetting

Roboute

Hi there,

This might be quite a complicated question. But here goes. I was maliciously accused of sexual assault dating way back to when I was 15 years old. The gardai investigated and I wasn't even arrested, let alone charged or prosecuted. The whole thing was pretty obviously a nasty attempt to destroy my character.

However, now I need to be garda vetted as part of my job involving vulnerable adults and children.

The weird thing is that if I had been convicted no disclosure would be made as the alleged offence occurred when I was U18 and was so minor as to not warrant a higher court. But I can't find any answer to what happens if you're falsely accused of something as a child.

It seems obvious that Section 258 of the Children's Act should apply but I'm genuinely terrified. Being falsely accused of something and trying to live your life until the investigation is over is nightmarish and I barely got through it the first time. To have it rear it's head again is terrifying.

If anyone could help me find and answer, it'd be much appreciated.

Nonoperational

If not convicted, or even charged with any crime surely you cannot have a record that would go against you.

Peregrinus

Roboute wrote: »

. . . The weird thing is that if I had been convicted no disclosure would be made as the alleged offence occurred when I was U18 and was so minor as to not warrant a higher court

Just to clarify one thing, if you had been convicted this would certainly show up on vetting for a job working with children. The provisions which magic away juvenile convictions, spent convictions, etc do not operate when it comes to vetting for jobs working with children and vulnerable people.

OK, to your question. You weren't convicted. You weren't even charged. Will the prospective employer be told that you were the subject of a complaint?

The answer is that the vetting disclosures can include not only details of convictions and of pending charges but also what is referred to as "specified information", meaning information concerning a finding or allegation of harm to another person received by the National Vetting Bureau either from the Guards or from any of the other organisations that they consult.

So, the Guards will probably tell the National Vetting Bureau that you were teh subject of a sexual assault complaint. And, if they do, they'll also tell them about the investigation, the conclusions, the action taken or (as in this case) not taken.

The NVB will then ask themselves if this information could give rise to a "bona fide concern that the vetting subject [that's you] may harm, attempt to harm or put at risk a child or vulnerable person or both".

If they decide that the information does give rise to that concern, they'll disclose it to your prospective employer. But, before they do that, they'll contact you and tell you that they intend doing so. So, if you don't hear from them, they are not disclosing it.

If you do hear from them, they'll give you a summary of the information they have, so you'll know what you're dealing with. You'll have an opportunity to make submissions to them arguing that the information doesn't give rise to a genuine suspicion, and shouldn't be disclosed. If you don't succeed in that, you have 14 days to appeal their decision and have it reconsidered by an appeals officer. Only after all this will it go to your prospective employer.