Disclosure & Barring Service (DBS)

Specialist Disclosure & Barring Service (DBS) Solicitors

What is the Disclosure and Barring Service (DBS) Barred List?

The Disclosure and Barring Service hold a list of individuals who cannot engage in ‘regulated activity’ ie. are banned from working with children and/or vulnerable adults. If the DBS write to you indicating they are considering placing you on either barred list it is imperative that you seek specialist legal advice.

There are two barred lists:

• The children’s barred list
• The adult’s barred list

The Disclosure & Barring Service maintain both lists and have done since 2012.

If you are included on a barred list, then it is an offence if you seek to work in regulated activity with a group with which you are barred. Similarly employers will be breaking the law if they knowingly employ somebody who is included on a barred list.

The DBS cannot include an individual on a barred list unless they can establish that an individual is presently, has previously been, or may be in the future be engaged in regulated activity with children and/or vulnerable adults.

How will I know if the DBS are considering adding me to the barred list?

The DBS will formally notify you in writing if you are at risk.

There are two different types of notifications:

• Notification of inclusion in a barred list  – Certain offences lead to automatic inclusion in a barred list and there are no opportunities for representations against this due to the seriousness of the offence.

• Notification of ‘Minded to bar’ –  If you are convicted of certain offences or the DBS receive information about you, then they will consider whether or not you should be placed on the barred list. They will write to you and you will be invited to make representations as to why you should not be included on the adult and/or children barred list.

Why might the DBS consider adding me to the barred list?

The three main ways that could potentially lead to the DBS considering whether to place you on the barred list are:

1. Discretionary Referrals – employers must refer an individual to DBS if they sacked them because they harmed someone, removed them from working in regulated activity because they might have harmed someone or were planning to sack them for either of the above reasons, but they resigned first.
2. Application for an Enhanced DBS Check – this could trigger the DBS receiving information from the police which may  cause them to consider whether or not you should be placed on the barred list.
3. Autobars –  convictions for certain offences lead to automatic inclusion in a barred list and other offences lead to consideration as to whether or not to place you on the barred list.

Should I make representations to the DBS?

Yes! Being added to one of the DBS barred lists means that you will be prevented from working in a regulated capacity with children and/or vulnerable adults. Therefore any decision to bar you will have serious implications and could potentially mean the loss of a hard worked for and successful career. It will also affect any voluntary work you undertake.

The decision to bar relates to your perceived risk and whether or not it is considered appropriate for you to be included on the list.

The DBS are more likely to add you to the list if you do not make representations against doing so. It is vital that you seek advice from a specialist solicitor as soon as possible and would suggest you contact us immediately upon receipt of a minded to bar letter. We can assist by making written representations to the DBS for you.

What are the time periods for making representations?

The letter you will receive from the DBS will notify you of the date by which your representations need to be sent to DBS. This is usually eight weeks. If more time is required then an extension of time can be sought and we can deal with this on your behalf.

For more information on the barred lists click here.

DBS Checks

The Disclosure and Barring Service (DBS) replaced the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA).  DBS Certificates can be requested by and disclosed to employers carrying out backgrounds checks of potential employees. There are a number of different types of checks:

1. Basic Certificate: This is the most basic type of DBS Check and will contain details of convictions and conditional cautions considered to be ‘unspent’ under the terms of the Rehabilitation of Offenders Act 1974.
2. Standard Certificate: This DBS check and will show spent and unspent convictions, cautions (unless filtered), reprimands and final warnings.
3. Enhanced Certificate: This will additionally show any other information held by a police force that is considered relevant to the role applied for.
4. Enhanced Certificate with Barred List checks: This will also show a list of persons deemed unsuitable to work with children and/or vulnerable adults.

Can you appeal a DBS Check if there is a mistake on your DBS Check Certificate?

The DBS record may provide incorrect information about previous convictions and this can have a significant impact on your employment.  Our team of specialist solicitors can assist you in appealing any mistakes on your DBS check certificate ensuring that such mistakes are rectified.

Is it possible to prevent an entry on a DBS Check Certificate?

Previous cautions and convictions can prevent you from obtaining employment, career progression,  education opportunities, travelling and far more.

Our team of specialist lawyers can apply to have cautions or convictions edited from your DBS check certificate, depending on your circumstances so they do not appear on the DBS Check.

We can also apply to remove other miscellaneous information such as details of arrests and acquittals which did not result in a conviction but which may still appear on the DBS check certificate.

Click here for more information on what may be disclosed on an Enhanced DBS Check.

Is it possible to apply for removal of a caution?

You may have received a caution at the police station but not appreciated the implications of such caution until after you had left the police station.  The police may have told you a caution was the easiest way to deal with the matter and wouldn’t affect your future. You may have been scared that you world have been taken to court if you didn’t accept the caution and that the outcome would have been far worse for you or you may have been desperate to leave the police station to get home.

However if you work as a professional, for example, a doctor, nurse, teacher or solicitor you may find that having a caution on your record can have devastating implications for your career.

It is possible in certain circumstances to have a police caution removed from your record for example if you were incorrectly advised to accept the caution or the police did not follow the procedure correctly.

We may also be able to judicially review the decision to caution you. If successful, the caution will be removed from your DBS check certificate.

Enhanced DBS Checks – Disclosure of Third Party Information

In some circumstances disclosure relating to third parties is allowed in relation to Enhanced DBS Checks. There is a decision making framework called the Quality Assurance Framework (QAF) which is used for the processing, consideration and disclosure of police information for enhanced disclosure and barring service checks. Click here to read more about how Olliers can help you if the police are considering disclosing information about other people (third parties) on your enhanced DBS Check.

Disclosure and Barring Service (DBS) Checks/Caution Removal Solicitors

Olliers Solicitors are able to provide the following DBS related services:

• Applications for deletion of entries on Police National Computer (PNC records)
• Applications for deletion of biometric data
• Representations to the DBS if you have received a ‘Minded to Bar’ Letter or ‘intention to include’ on Barred List letter
• Appeal an entry which has been disclosed on an ‘Enhanced DBS’ Check

Recent DBS Success

• 2020 – Successfully avoided inclusion on barred list for carer following allegations of misconduct in a care home.
• 2020 – Client removed from barred list for nurse following caution for child neglect.
• 2020 – Avoided inclusion on barred list for carer following socials services involvement and care proceedings for her own children.
• 2020 – Avoided inclusion on barred list for carer following allegation of sleeping whilst on shift.
• 2020 – Successful representations DBS for owner of academy following receipt of caution. Avoided inclusion on barred list
• 2020 – Avoided inclusion on barred list for teacher following false allegations from a student of sexual communications.
• 2020 – Successfully avoided inclusion on children’s barred list for teacher following isolated incident in previous career
• 2020 – Avoided inclusion on adult’s barred list for carer who received referral following unsubstantiated allegations in previous role.
• 2020 – Achieved removal of client from both barred lists following lodging of appeal in relation to decision of DBS.
• 2019 –  Client removed from barred list following representation during appeal proceedings.
• 2020 – Successful representations against disclosure for client who faced trial as a result of allegation of intentionally exposing himself. Client not included on Barred List.
• 2019 – Successfully avoided inclusion on Children’s Barred List for former police officer who had a number of assault convictions.
• 2019 – Successful removal of client added to Children’s Barred List following youth cautions for sexual offences as a result of an application for appeal to the Upper Tribunal
• 2019 -Successful removal of client added to Vulnerable Adult List following allegations in the care industry as a result of an application for appeal to the Upper Tribunal
• 2019 – Successful representations against inclusion on DBS Vulnerable Adult Barred List in relation to care worker dismissed following allegations of theft.
• 2019 – Successful representations against inclusion on DBS Children’s Barred List in relation to former  teacher.
• 2019 – Successful representations against inclusion on DBS Children’s Barred List in relation to individual investigated for possession of indecent images.
• 2019 – Successful representations against inclusion on DBS Adult/Children’s Barred List in relation to teacher who received caution for child neglect.
• 2019 – Successful representations against inclusion on DBS Vulnerable Adult/Children’s Barred List in relation to individual cautioned for indecent images.
• 2019 – Successful representations against inclusion on DBS Vulnerable Adult Barred List in relation to care worker.
• 2019 – Successful representations preventing entry onto DBS Child Barred List for Teaching Assistant following discretionary referral as a result of  disqualification from Scouting Association.
• 2019 – Successful representations preventing entry onto DBS Adult Barred List for care worker.
• 2019 – Successful representations preventing entry onto DBS Child Barred List for IT professional following not guilty result in relation to sexual offences trial.

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Contact our DBS lawyers

In most cases we will be able to agree a fixed fee dependant on the volume of relevant documentation . Contact our specialist team to arrange a confidential discussion.