Written 29th November 2023 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 displaying unprofessional behaviour towards Pupil A whilst in their capacity as a teacher. The alleged behaviour was said to amount to flirtation and included private messages. Another allegation regarding the making of inappropriate comments towards a second pupil, Pupil B, was also used to make a stronger case against Client A. We were able to argue that Client A was put at risk and let down by the establishment in the first instance after reporting Pupil A’s presentation of obsessive compulsive and self-destructive behaviour which was not taken seriously. The school only intervened when a second member of staff had to intervene owing to the difficult behaviour Pupil A exhibited. We were able to present the argument that Pupil A had disclosed significant mental health and sexual abuse concerns to Client A and suggested they were being placed at risk by a member of their own family, had suicidal ideation and was self-harming. Upon disclosure of this information Client A immediately reported the same to the school’s Child Protection Officer and, after thorough investigation, the allegations sexual abuse and risk were found to be unsubstantiated as Pupil A had a history of fabricating accusations. Client A continued to report any inappropriate behaviour to the child welfare team for the entire academic year following. Client A was then contacted by Pupil A on Instagram and, again Client A reported this to the Child Protection Officer.
Pupil B alleged that inappropriate comments were made during a biology lesson. We were able to argue that the allegations were malicious and the comments, in context, were used legitimately during a biology class. The allegations had arisen as Pupil B had been caught by Client A smoking on school premises.
We were also able to evidence that both the Head Teacher and Designated Safeguarding Lead left the school following the mishandling of these allegations.
Client B – 10 year review of inclusion on Barred List
Client B was convicted of cruelty to a child following an allegation of dropping their young baby and failing to seek medical treatment in a timely manner. Client B was automatically placed on the barred list over ten years ago. We applied to the Disclosure and Barring Service to review Client B’s inclusion on the barred list and drafted representations far stronger than Client B initially submitted. We were able to demonstrate how Client B was not alone in the house when the injuries could have occurred and when the injuries became apparent the following day the child was taken straight to hospital. Any injuries sustained were accidental and as a result of an isolated incident, rather than the DBS being of the opinion that injuries sustained were over a period of time. We were also able to show that Client B’s legal team appealed against the imposition of a Supervisor Order and included the Judge’s positive comments to support the fact that Client B was not considered a risk. Further, Client B has always had joint custody of their child and had an active role in their life despite the conviction.
Client C – DBS Minded to Bar
Client C was accused of creating and sharing a video which contained racist content whilst working within the NHS. The video was initially shared between a group of colleagues purely as ‘banter’ during the extremely stressful period of Covid and the national lockdown, and was never intended to cause any harm or distress. The video only surfaced 18 months later when Client C had applied for a position in which other members of the private group were also applying; this was used to demonstrate malicious intent. We requested Client C draft a statement of remorse in order to demonstrate to the DBS that Client C had acknowledged and understood how such videos could be perceived by the public, despite the video originally being sent to a private group. We were able to demonstrate that Client C had won numerous awards for their service within the NHS and was otherwise thought of as an excellent member of staff.
Excerpts from the internal investigation were used which stated that no intentional harm was caused and we secured a positive result for this client.
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 firstname.lastname@example.org to discuss how Olliers can assist you if you have received a ‘minded to bar’ letter from the DBS.
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Nathalie is an integral part of Olliers having been with the firm for more than 15 years. Nathalie is a key member of the Business Development Team and is able to guide clients in relation to the processes of the criminal justice system, timescales and advise how Olliers can advise and assist as a case progresses.