Frequently Asked Questions

Q. How do I get convictions removed from my record on the Police National Computer?

You can apply for the deletion of records from the Police National Computer (PNC), National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD) under the ‘Record Deletion Process’ as defined in guidance issued by the National Police Chief's Council entitled 'Deletion of Records from National Police Systems'.

The ‘Record Deletion Process’ combines aspects of the ‘Exceptional Case Procedure’, previously defined in the ‘ACPO Retention Guidelines for Nominal Records Held on the Police National Computer’ with provisions contained in statutory guidance issued by the National DNA Database (NDNAD) Strategy Board relating to the early deletion of DNA profiles and fingerprints in certain circumstances. For further information, please visit ACRO

Individuals with a court conviction cannot apply to have their records deleted under the RDP as Chief Officers cannot overrule the convictions handed down by the courts. Individuals must appeal against the conviction to the court if new evidence emerges.

Q. What is a Disclosure and Barring Service (DBS) check and how do I get one?

The current legislation does not allow the self-employed or individuals to apply for a DBS check on themselves. In addition, parents who employ a nanny/au pair/baby sitter directly cannot apply for a DBS check; however, if an agency supplies the nanny/au pair/baby sitter, the agency is entitled to carry out a DBS check.

The Disclosure and Barring Service (DBS) is an executive agency of the Home Office. By providing wider access to criminal record information, the DBS helps employers in the public, private and voluntary sectors identify candidates who may be unsuitable for certain work, especially that involving contact with children or other vulnerable members of society.

The DBS helps protect the public through its Disclosure service. For further information on this service, visit the DBS website.

What is the difference between Subject Access and a DBS Disclosure?

As highlighted above, a DBS check about yourself can only be requested by another organisation e.g.: a prospective employer, where the role will involve working with children or vulnerable adults. Relevant information will be disclosed by the police to the DBS.

Subject Access is your right and you alone can make a request for information held about yourself. A solicitor may forward your request but you will need to complete the application. Subject Access provides you with a general right to access all information held about yourself, unless an exemption contained within the Data Protection Act applies.

Q. I have been asked to provide a Police Check/Certificate, how do I apply for one?

My employer has asked me to provide a Police Check/Certificate for work purposes. How do I make a request?

Lancashire Constabulary does not provide PNC disclosures for employment vetting services. If you require a disclosure for employment purposes, please contact Disclosure Scotland on: 0870 609 6006 or via their website www.disclosurescotland.co.uk. The current procedure whereby companies require individuals to exercise their rights under Subject Access provisions at section 7 of the Data Protection Act 1998, as a form of vetting, has been considered to be unlawful for many years and is against the spirit of the legislation. Section 56 of the Act means it is now a criminal offence for the employer to ask individuals, as a condition of employment, to go through this process.

If you are going to work as a paid employee or as a volunteer for an organisation and your work will bring you into contact with children or vulnerable adults and have been asked to apply for DBS check you must access the DBS website and follow their procedure.

My housing association has asked me to provide a Police Check/Certificate for housing purposes. How do I make a request?

Lancashire Constabulary / ACRO do not provide PNC disclosures for housing vetting services. If you require a disclosure for the purposes of a housing application you may make a Subject Access application, but this will not take into account the Rehabilitation of Offenders Act (click here)

It may be more appropriate to seek a Basic Disclosure from Disclosure Scotland who can be contacted on: 0870 609 6006 or via their website.

 

Q. How can I get a "Police clearance certificate" / "Certificate of good conduct" for visa or emigration?

The UK police do not issue "certificates of good conduct" or "police clearance certificates", however in our experience foreign embassies will generally accept a police reply under the Subject Access provisions of the Data Protection Act 1998 as a suitable equivalent.

However, individuals requiring Police Certificates for the purposes of applications for emigration, visas or residency in Australia, Canada, New Zealand, South Africa, Bahamas, Belgium, Chile and the United States of America should download the application form for an Association of Chief Police Officers (ACPO) Police Certificate from the NPCC website.

Please note that this Certificate is processed entirely by the ACPO Criminal Records Office (ACRO). All submissions and enquiries relating to this process should be directed to ACRO, who can be contacted through the following routes:

Please do not return this application form to Lancashire Constabulary.

Q. How do I request information for the support of a civil proceeding?

It is unlikely the Subject Access will be an appropriate way to obtain information for individuals considering, or taking, legal action against an individual or organisation.

The Subject Access provisions will provide information that will be redacted to ensure no third party information, or information not deemed to be that of the applicant remains, it may also see information refused via the exemptions in the Act.

In such circumstances the normal legal channels of discovery are generally more appropriate. Under Section 35 of the Data Protection Act 1998 an individual can request information through the order of a court (Court Order).

If you are legally represented your solicitor can apply for disclosure under Section 35 of the Data Protection Act 1998.

Please email section35@lancashire.pnn.police.uk for further advice

Download Section 35 form here

Q. I work for an Insurance Company, how do I apply for information from the police?


Visit our Solicitors and Insurance Companies page to see the full process.


Q. I am a Solicitor, how do I apply for information under Section 35 of the Data Protection Act?

Section 35 of the Data Protection Act 1998 provides an exemption from the non-disclosure rules relating to personal information where it is required for legal proceedings.

Download relevant information and forms here:

S35 Form

Statement re Disclosure and charges

For further details see the Solicitors/Insurance Companies page.

Q. I am a Solicitor, how do I apply for information for Family Court Proceedings?

Where police information is required specifically for Family Court Proceedings, private and local authority solicitors may apply to the Police.

The disclosure of relevant information may be made where consideration is being given by the Courts to children being taken into care or custody/access rights following divorce.  An application form and a fee is required from a Solicitor before consideration is given to any disclosure.

Relevant documents:

Family Court - Private Solicitors Form (March 2015)

Family Court - Lancashire Protocol

For further details please contact us by FamilyCourt@lancashire.pnn.police.uk

Q. How do I make an FOI request?


Under the Freedom of Information (FOI) Act 2000, you can gain access to information held by Lancashire Constabulary. Please visit our FOI page for further details.

Q. Where can I obtain further information about my rights under the Data Protection Act?


Please visit the Information Commissioners Office website.


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