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:
- Standard Certificate: This is the most basic DBS check and will show spent and unspent convictions, cautions, reprimands and final warnings.
- Enhanced Certificate: This will additionally show any other information held by a police force that is considered relevant to the role applied for.
- 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.
Can you prevent an entry on a DBS Barred List?
If you have been convicted of certain offences the DBS will be notified of the conviction and will notify you indicating they intend to place you on the “Barred List”. This means they intend to place you on a list of persons who cannot work with children and/or vulnerable adults.
Certain offences lead to an automatic bar but for other offences you will be invited to make representations as to why you should not be included on the adult and/or children barred list.
The decision to bar relates to your perceived risk and whether or not it is considered appropriate for you to be included. We can assist by making written representations to the DBS for you. If you have already had such representations rejected then we are able to appeal such decision for you.
For more information on the barred lists click here.
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 the article below to read more.
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.
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
- Appeal an entry which has been disclosed on an ‘Enhanced DBS’ Check
Recent Success
- 2018 – Successful representations preventing entry onto DBS Child Barred List for Teaching Assistant following discretionary referral as a result of disqualification from Scouting Association.
- 2018 – Successful representations preventing entry onto DBS Adult Barred List for care worker.
- 2018 – Successful representations preventing entry onto DBS Child Barred List for IT professional following not guilty result in relation to sexual offences trial.
In most cases we will be able to agree a fixed fee dependant on the volume of relevant documentation . Contact specialist lawyers Ruth Peters or Laura Baumanis by telephone on 0161 8341515 or by email at ruthpeters@olliers.com or laurabaumanis@olliers.com.