Family and Friends Forum

So my son (aged 23) was given a three year community order, 5 years SOR and was not given an SHPO (offence was a small amount of images across all categories). His VISOR, generally very pleasant and friendly, said she was disappointed that he hadn't got an SHPO, she'd like to have seen one in place but 'as long as he lets me check his phone it won't be a problem'! I queried whether he was legally obliged to do so without an SHPO and she said no; in their subsequent meeting he politely explained that, whilst he had nothing to hide, he would like to get advice my his solicitor before he agreed to showing his phone. VISOR was absolutely fine about this.

A few days later he had his initial probation meeting; the probation officer had clearly had feedback from the VISOR and wasn't happy about this situation and the fact that he doesn't have an SHPO - she even indicated that she was going to see if one could be put in place. Seems ridiculous given that a Crown Court judge sentenced him! She also then kicked off because he's applied for a part-time shop job (he's doing a degree) and she doesn't think he should be in a shop because there might be under 16s. He's disclosed his offence to the employer and been offered the job and, in my view, it's up to them. His is a non-contact offence and, more to the point, I thought probation were about rehabilitation and moving forward.

We have a meeting with our solictor tomorrow but I needed to have a rant!!

Hi Maij

Thank you for your reply and I hope you and your son are OK x

I agree with you - we welcome the phone checks too, partly as a safeguard and partly because it signifies that he's complying. I think it's more the attitude that frustrated me, when he's doing everything in his power to move on.

However, given the nature of the offence, he's been very very lucky with the way he's been treated - from original arrest right the way through. The probation officer is the first person who has made him feel bad. Even the prosecution solicitor in Crown Court told a reporter that it wasn't worth hanging around as it was 'just a few images'!

I'll let you know what our solicitor says.

All the best xx

Thanks Daffodil, that was my understanding too. Meeting with solicitor tomorrow so we'll get some more clarity.

Hope you're doing OK x

Thanks Blackhound. Glad you're moving on, hope you're doing OK x

Sorry you're going through that Summer :-( Hope you're doing OK x

Seaside, I've had a meeting with our solicitor since my post and, in a nutshell the 'rule of law' applies which means that your son has been tried and sentenced as the judge deems appropriate. If the visor wants to challenge this, there is a legal process which they must go through to do so, and they must have good reason e.g. they consider that your son poses a risk which isn't being covered by the SHPO. This risk applies regarding employers, for example if your son applies for a job in a school the visor would have legitimate right to disclose to the school. For other forms of employment, they may disclose if they think there is risk but, in the case of my son, he's going to work in a shop so there's no more risk than him walking round a shop!

The other thing we were told is, if a potential employer asks if you have a criminal conviction, you can say yes and that you'll be happy to discuss it. Hope that helps a little in backing up your case and good luck to your son in finding a job x

Summer, I can see why your person would be driven to say that!

I'm sorry you and your son are having a tough time Seaside. Apparently Timpsons, the key folk, have a policy of employing and supporting ex-offenders, so that could be worth investigating. Your visor sounds a nightmare but he really can't overturn the court's ruling; for what it's worth, our solicitor said that probation officers and visors often play hardball to start with but once they realise that our son is doing the right thing and playing by the rules, they're highly likely to back off. Hopefully this will be true for both our sons. My son's probation officer was even questioning his choice of university the other day! Not even remotely relevant!

Seaside, that's depressing about Timpsons :-( Glad to hear the interview went well - keep us posted.

We've had a development here - my son did his community service induction today and is going to be required to do a full day each Saturday. He had a one-to-one and explained that he's just finishing his degree and has just started a part-time job which will now be impossible to do because of the Saturdays. I know that he can't possibly object under the circumstances, but it's so frustrating when someone WANTS to work and is making every effort to do so and to rebuild their life.