Olliers’ DBS Team avoid inclusion on DBS Children’s Barred List

Sonia Dias Lourenco of Olliers’ DBS team shares one of their recent successful Disclosure & Barring Service (DBS) ‘Minded to Bar’ cases where we have successfully argued against a client being included on the Children’s Barred List.

Client Z was accused of sexually assaulting two young family members, while they were still minors. We were instructed by the client’s mother to write and submit representations to the DBS against their inclusion on the children’s barred list.

While taking their instructions, it became clear that, at the time of the incident, Client Z was a minor with severe delayed cognitive development and complex special educational needs. As a result, they lacked the capacity to understand that their actions were wrong and were unable to fully understand the consequences of their actions. Notably, it was Client Z’s mother who initially reported the incident to their therapist, seeking professional guidance on how to best address the situation. The family fully cooperated with Social Services and the Police, despite the emotional difficulty of the situation.

Youth Conditional Caution

During the Police investigation, Client Z admitted to sexually assaulting two younger family members. As a result, they were issued with a Youth Conditional Caution.

In our representations to the DBS, we were able to provide much needed context, demonstrating that Client Z’s actions came from a lack of understanding due to their cognitive impairments and educational needs and as a result of curiosity, rather than malicious intent. We also highlighted to the DBS that Client Z had completed all conditions, as part of their youth caution. These courses included sessions on consent and understanding personal boundaries, understanding healthy sexual relationships and appropriate behaviours and support for their mental health, which involved emotional regulation. We were also able to provide evidence that Client Z was at low risk of future offending.

Disproportionate to include on Barred List

Additionally, we were able to argue that placing Client Z on the barred list would be disproportionate. Client Z expressed a strong desire to support others who face similar challenges, particularly those who have complex educational needs. While growing up, Client Z faced repeated discouragement from their school and teachers. Client Z was constantly being told that they were going to fail. This was due to the fact that teachers, and the school as a whole, were not adequately equipped to manage their complex needs. We emphasised to the DBS that Client Z is motivated to help those who face very similar challenges, such as those who are let down by educational authorities. 

No Further Action – Client avoided inclusion on DBS Barred List 

Following our representations, the DBS concluded that they did not consider Client Z as a safeguarding concern and was therefore, not added to the Children’s barred list.

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.