Written 8th November 2022 by Nathalie Potter
There are four levels of DBS (formerly CRB) checks:
- Basic
- Standard
- Enhanced
- Enhanced check with barred list
Disclosure of information on an enhanced DBS Check
When applying for a position within regulated activity, the Disclosure and Barring Service will request all information held on the Police National Computer in order to carry out an enhanced check. There is legislation that sets out whether cautions or convictions for certain types of offences can be filtered (not released) by the police but the following are types of offences that are always released to the Disclosure and Barring Service, whether you were prosecuted or not:- Actual Bodily Harm
- Assault child or vulnerable adult
- Safeguarding offences
- Sexual offences
- Robbery
- Aggravated burglary
Referred for consideration as to inclusion on the Barred List
Should the DBS receive information from the police in relation to an arrest, or should they receive a referral from an employer in relation to safeguarding offences, the DBS will write informing you that they are conducting an investigation into whether you should be prevented from working in regulated activity and placed on one or both barred lists. Examples of what can lead to a referral include, but are not limited to, the following safeguarding offences:- Perceived abuse (physical or emotional)
- Perceived neglect
- Inappropriate contact with a child/service user
- Using unsafe manual handling techniques:
- Failure to report or document,
- Falling asleep
- Using inappropriate language
Specialist Disclosure & Barring Service Lawyers
If you decide to instruct Olliers, we would need to see the original Minded to Bar letter and any evidence the DBS have used against you in their decision to bar. Once we have considered the same we will arrange a conference in order to take your full instructions in relation to the same, then draft our representations based on the salient points. If you wish to deny the allegations against you, we would write the strongest of representations as to why there is no case to answer. If the allegations are accepted then we would provide mitigating representations to argue that it would be disproportionate to include you on one or both of the barred lists. Should you wish to instruct please contact the Head of DBS Department, Nathalie Potter at nathaliepotter@olliers.comIf you require a solicitor please contact us by telephone on 0161 8341515, email info@olliers.com or complete the form below.
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Nathalie Potter( Head of Disclosure & Barring Service (DBS) Department )
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.