Olliers’ DBS Team Recent Referencing and Vetting Case Studies

Olliers’ DBS team share some of their recent successful Referencing and Vetting cases where we have successfully persuaded the police not to disclose information on an Enhanced DBS Check 

What is ‘Reference and Vetting’?  

The Chief Officer of any local police force has the opportunity to disclose any information they deem relevant on an Enhanced DBS Certificate. This information doesn’t necessarily have to have resulted in a caution/conviction or even an arrest, but can be classed as ‘soft’ intelligence.  

On occasion the police may contact an individual to invite them to make representations prior to disclosure. We call this process the Reference and Vetting process.  

Below we discuss Reference and Vetting cases in which we obtained a positive result:  

Client A – Disclosure of sexual assault of a minor  

Client A was originally investigated for sexually assaulting a minor. This did not result in an arrest and no information was retained on the PNC. The information was retained on the PND. The police wanted to disclose information they deemed relevant and proportionate to Client A’s position as a Social Worker, which included rubbing the back of a 15 year old boy; kissing his forehead, cheek and neck area whilst they were both in attendance at a party.   

We spoke to Client A and obtained their full account.  

Mrs X had arranged for her 15 year old daughter to host a Halloween party for her friends and requested her close friend and colleague, Client A, attend and assist. The friends had arranged for a sleepover. Unbeknownst to Client A, Mrs X had previously sought consent from the children’s parents to provide alcohol at the party and all the children had consumed alcohol. One boy in particular had drunk too much and was feeling unwell. Mrs X asked Client A to sit with him on the sofa in another room whilst Mrs X continued to supervise the party. 

Client A confirms they rubbed the boys back whilst he was laying down in order to comfort him. Client A also confirms that, when the boy inevitably fell asleep, they touched the boys cheek and neck area in order to move the head to open the airways to assist airflow and prevent choking in case of any vomiting. Client A advised Mrs X to contact his parents in order for them to make the welfare decision rather than let him sleep it off, and eventually left the party.   

The following day Client A received a text off Mrs X’s daughter saying “…do not touch my friend!”. Confused as to what this was referring to, Client A contacted the daughter who disclosed that the boy had alleged he had been inappropriately kissed and touched.  

Client A immediately referred themselves to police, following which the police then spoke to the boy and his mother. The boy admitted that, due to alcohol consumption, his memory of the night in question wasn’t great. His parents also accepted the care that Client A had provided their son.  

The DBS initially investigated this incident and determined that Client A posed no safeguarding risk. We put this decision to the police and suggested that any continued disclosure would adversely affect Client A.  

Our representations were successful and the information was not disclosed on an Enhanced DBS Certificate.  

Client B – Disclosure of making indecent images  

Client B was initially arrested in relation to making indecent images whilst employed as a taxi driver. The specifics of making indecent images, in this case, relates to uploading of the same (rather than taking a photo) and the police wished to disclose this information on Client B’s Enhanced DBS Certificate as they felt it was proportionate and necessary to their role.  

After speaking with Client B, we were informed that, as expected, their electronic devices had been seized, and electronic forensic analysis had taken place. However, the analysis showed that the images had not been interacted with, nor could the police find any search terms, saving or sending of any images. Client B admits to having viewed pornographic images but did not accept uploading images of children. Client B has now installed computer software to ensure that they can never receive unwanted images again.  

We were able to persuade the police not to disclose the information on an Enhanced DBS Certificate as it was not proportionate – there have never been any concerns about Client B in their capacity as a taxi driver and the investigation was not related to regulated activity.   

Client C – Disclosure of theft from a service user  

Client C was accused by their service manager of theft of £9 from a service user. Police intended to disclose that suspicions had been raised when a receipt had been provided to show expenses for a shopping trip in which a pink hoodie had been purchased for a male client. Client C was questioned and, following denial, was subsequently dismissed from the care home on the grounds of gross misconduct. No action was taken by the police but disclosure was thought to be relevant and proportionate as Client C was again applying for a position within social care.  

After speaking to Client C, it became apparent that the case was not as clear cut as the police had made out. Client C had decided to take the service user out Christmas shopping and had intended to make their own purchase for the staff Secret Santa. Client C was heavily pregnant at the time and, during their shopping trip, had received some unfortunate news of the shooting and subsequent death of a close family member. At the same time, the service user was experiencing bowel movements within the store and Client C needed to get back to the care home as quickly as possible. Client C paid for all items using the service user’s allowance and returned to the care home prior to being signed off on compassionate leave. On Client C’s return to work, they were questioned about using a client’s allowance to which they initially denied, having no other details about the money. On receiving further information (i.e. the client’s name/pink hoodie/Primark) Client C remembered what had happened and was immediately apologetic, although was regrettably dismissed.  

We were able to persuade the police not to disclose the information on the basis that it would adversely affect Client C.  

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

At Olliers, we have a Specialist DBS team dealing with cases where the police seek to disclose information on enhanced DBS Checks.  Our lawyers have extensive experience of drafting and submitting representations to the police seeking to illustrate why the information ought not to be disclosed on a DBS Check. The team at Olliers are here to listen, empathise, understand and assist. 

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, by email to dbs@olliers.com or complete the website enquiry form below to discuss how Olliers can assist.