When the police consider releasing information for DBS certificates the fact that an individual may have experienced mental ill health is (these days) not routinely disclosed, and they are very careful indeed where an incident has occurred involving mental health concerns. I would think the first test would be whether the interference with her Article 8 human right is proportionate and can be justified against a pressing social need. I would consider finding out what is known (within your organisation) about the condition she suffered, namely whether she harmed anybody (esp. a child) when suffering it, what the circumstances of the incident were (was the incident and what the role she has applied for. Likely you won't know that, or it'll be hearsay.
If you do find that it is proportionate and justified then I would recommend approaching the individual with a proposed reference for her to make representations against.
Ultimately, I think you'd be on very thin ice making the prospective employer aware unless there are real concerns she would pose a violent threat to children in an employed position.
Best Regards,
Dan Palmer-Dunk
Information Compliance Officer
University of Hull
From: Cartwright, Christine [mailto:[log in to unmask]]
Sent: 28 November 2016 14:42
To: [log in to unmask]
Subject: [data-protection] Reference-giving and mental health
I have been asked by an academic for guidance about providing a reference for a former student who received support during her studies for an eating disorder and an undiagnosed mental health condition. The reference is to enable the graduate to work with children and the academic is concerned for the safeguarding of the children should anything go awry and the company were unaware of the graduate's mental health condition.
Clearly this information cannot be shared with the company without the graduate's consent. Would it be reasonable to email the graduate directly and ask whether this information can be shared or whether they intend or are required to share it anyway? If the academic is unwilling to contact the graduate themselves, I presume they could only provide the basic facts about the student and omit any reference to health?
I'm hoping someone might be able to offer guidance or share experience of a similar situation.
Thanks
Christine
Governance and Compliance Officer
Secretariat
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