If you have been convicted of certain offences or the Disclosure and Barring Service (DBS) have received information indicating you may pose a risk to children or vulnerable adults, the DBS will be notified of the conviction and will write to notify you indicating they intend to consider whether to place you on the “Barred List”.
What is the “Barred List”?
The barred list is a list of persons who cannot work with children and/or vulnerable adults.
There are two barred lists:
- The children’s barred list
- The adult’s barred list
The DBS 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:
- 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.
- 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.
- 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.
Recent Successful ‘Minded to Bar’ Cases
- 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.
If I have already been placed on the barred list can I appeal this?
If you have already had representations rejected then we are able to appeal such decision for you. We would suggest you contact us to discuss the matter further.
Specialist Disclosure and Barring Service (DBS) Lawyers – London & Manchester
In most cases we will be able to agree a fixed fee dependant on the volume of relevant documentation. We have offices in London and Manchester but can deal with DBS cases anywhere in England and wales.