Disclosure & Barring Service (DBS) ‘Minded To Bar’ Recent Case Studies

Written 8th April 2024 by Nathalie Potter

Olliers’ DBS team share some of their most recent successful Disclosure & Barring Service (DBS) ‘Minded to Bar’ cases. 

Client A – DBS Minded to Bar   

Client A was accused of failing to protect their young children whilst in a domestically abusive relationship with their partner. Whilst there were a number of domestic allegations (over 30 in total), on the balance of probabilities Client A was considered to a be a safeguarding risk as they worked as a Healthcare Professional and had unsupervised contact with minors. Allegations included failing to protect their children from physical abuse at the hands of the other parent, failure to intervene/contact the police, lack of empathy and understanding of what constitutes physical and emotional abuse and failure to support a criminal prosecution.   

We were able to put forward an initial explanation of cultural misunderstandings; neither Client A nor their partner were originally from the UK and that, in their country of origin, they believed smacking was considered to be an acceptable form of discipline. All incidents of discipline were administered when Client A was not present but, as a result, a Child Protection Plan was put in place and Children’s Services became involved. We could demonstrate Client A maintained a high level of engagement with Children’s Services and Client A’s partner had since moved out of the family home.  

We were able to demonstrate a level of remorse regarding the low level of protection of Client A’s children and, following their attendance of parenting courses, Client A now knows what is considered acceptable and what is not. We were also able to argue that safeguarding concerns should not be extended to their employment and could offer a number of positive references together with training records in support of their character. The children (now adults) were also able to put forward their account of Client A as a parent and attest to their positive upbringing. Further, Client A applied to university to study nursing prior to the MTB letter and we were able to put forward the devastating impact upon their future career if barred.  

Ultimately, we secured a positive result for our client.  

Client B – DBS Minded to Bar    

Client B was arresting in relation to the uploading onto social media of a video showing a child being sexually assaulted. The DBS determined that Client B displayed a number of behavioural concerns; sexual gratification from the suffering of children, lack of empathy for the child and perpetuating the offence of online abuse, but the DBS also expressed concern over the distress caused to those viewing the video on social media. Client B worked as an Early Years Practitioner within a nursery.  

We discussed the case with Client B who informed us of their strict religious upbringing and that, within their culture, homosexuality is strictly prohibited. During their teenage years Client B initially became aware of their identification as homosexual and we discussed the years of isolation and despair felt by Client B and how they turned to social media for security/sanctuary and understanding. Unfortunately, during their time on social media, Client B was exposed to a number of perverse individuals who were making requests of Client B; sending naked images and inappropriate videos etc. Client B accidentally uploaded a video to social media when in fact they were trying to delete the very same. The Police arrested Client B and Social Services were involved owing to the family’s living arrangements. The police took No Further Action against Client B but the matter was still reported to the DBS as Client B worked as an Early Years Practitioner.  We were able to demonstrate that the accidental uploading was plausible due to Client B’s dyslexia. There were no other images of any concern found on Client B’s devices and Client B is receiving talking therapy in order to deal with the fact they have not yet disclosed their sexual orientation to their family for fear of severe repercussions.  

Following our extensive representations, we were able to secure a positive result for Client B.

Client C – DBS Minded to Bar    

Client C was accused of engaging in sexualised conversations with a 15 year old ‘female’. The matter was reported to the police following a number of images being exchanged between Client C and the other party and messages referring to a sexual liaison. Client C was then arrested and a referral was made to the DBS as Client C is engaged in regulated activity within the sports sector.  

We were able to show that Client C had specific search terms for females over 18, thus indicating they did not have any interest in children. We were able to evidence to the DBS that the person in question initially identified as being over 18; they met on a website which required verification of age via a credit card and ‘she’ stated she was over 18 and once the ‘female’ disclosed she was 15 years of age all messaging contact was cut. We also put forward the argument that our client received a call from an unknown number purporting to be the father of the ‘girl’ and demanded financial compensation with the ultimatum that if Client C did not pay they would expose Client C on social media. It was actually Client C who reported this incident to the police under the offence of blackmail.  

Client C was initially suspended from their position within the sports sector but, after an independent assessment by The Lucy Faithful Foundation and an internal investigation, Client C was determined to be of no risk to children and they were reinstated.  

We were able to put forward a number of extremely positive character references in support of Client C and ultimately obtained a good outcome.

Read more successful Disclosure & Barring Service (DBS) ‘Minded to Bar’ cases here.

Olliers Solicitors – Specialist Disclosure & Barring Service (DBS) Lawyers  

At Olliers, we have a Specialist DBS team dealing with Minded to Bar cases. Our lawyers have extensive experience of drafting and submitting representations to the Disclosure and Barring Service. The team at Olliers are here to listen, empathise, understand and assist with your DBS case.   

The team will present your case in the best possible way using our expertise and experience to advise on the best evidence to support our representations.  

Please contact Nathalie Potter, Head of Olliers’ DBS department  on 0161 834 1515 or by email to nathaliepotter@olliers.com to discuss how Olliers can assist you if you have received a ‘minded to bar’ letter from the DBS.  

Nathalie Potter

Head of Disclosure & Barring Service (DBS) Department

Manchester

Head Office

London

Satellite Office

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