The perils of accepting a police caution

Published: 22 February 2011

Although the professional conduct of health care assistants is not overseen by a regulatory body, the consequences of accepting a police caution could still spell the end of your nursing career.

Why is it so serious?

The Independent Safeguarding Authority (ISA) was set up two years ago to help prevent unsuitable people from working with children and vulnerable adults. It operates a vetting and barring scheme that imposes an automatic bar (leading to a 10-year ban if confirmed after investigation) on anybody who receives a court conviction or police caution for a specified range of offences. The bar means that an individual would be prevented from working in a care assistant role or any work involving frequent access to children or vulnerable adults.

What sort of offences will get me in trouble?

The list of offences ranges from very serious crimes to more minor misdemeanours. In recent months the RCN has provided legal representation to members who were automatically barred following offences not deemed serious enough to go to court, but which resulted in them being handed police cautions.

One broke the law by leaving her 11-year-old son at home alone while she went shopping. Another was cautioned because while he was at work, his wife left the couple's children alone for a short period. The third kissed a colleague without permission.

All were automatically barred from working with children and vulnerable adults and only got reinstated following a lengthy legal battle at the High Court (RCN and others v Home Office [2010]).

I thought a police caution was just a slap on the wrist

This is a commonly held misconception but if you accept a police caution you are, in the eyes of the law, admitting guilt for the offence. The caution will remain on your record and can appear on an Enhanced Criminal Records Bureau (CRB) check carried out by future employers. Trying to challenge a police caution after you have accepted it can be very difficult.

What should I do if police want to caution me?

Seek legal advice from the RCN before you accept any form of police caution. As a member of the RCN you are entitled to free support from a specialist team of lawyers who will know all the implications of accepting a police caution. Call RCN Direct on 0345 772 6100 if you require urgent legal advice or go to www.rcn.org.uk/legal to find out more about RCN Legal Services.