Olliers’ DBS Team Recent Successful Case Studies July 2025

Olliers’ DBS team share some of their most recent successful Disclosure & Barring Service (DBS) ‘Minded to Bar’ cases where we have successfully argued against clients inclusion one or both of the barred lists.

Client A – DBS Minded to Bar Case

Client A was accused of sexually assaulting two young family members. We were able to demonstrate to the DBS that at the time of the allegations Client A was a minor themselves and has significantly delayed cognitive and emotional development together with numerous special educational needs. Whilst the allegations of sexual assault were admitted to police and resulted in a youth conditional caution, we were able to provide the DBS with much needed context, such as the non-penetrative touching was for biological curiosity rather than having any sexual intent and happened on one occasion only.

The family did not have any contact with police at the time and the matters were dealt with internally within the family. It was, in fact, a year later in therapy sessions that the issues were raised and a safeguarding concern was made. One of the children also refused to provide a statement to police and neither supported a prosecution. The conditions of the caution were to complete courses in order to provide Client A with a better understanding of boundaries, educate Client A on the age of consent and what constitutes sexualised behaviour and provide mental heath support; all of which were undertaken. Client A is still entrusted with caregiving responsibilities within the family and strives to assist children with SEN.

Following representations, we obtained a successful result for Client A in that they were not added to the Barred List.

 Client B – DBS Minded to Bar Case

Client B was found to have self-administered an anaesthetic drug whilst on shift in a hospital, causing themselves to become unconscious, resulting in colleagues believing Client B was suffering from a medical event. Further allegations were that once becoming conscious, Client B continued to provide medical treatment to patients. During consultation with Client B, it became apparent that they had previously suffered from significant personal stressors up to the time of the incident, considerably affecting their mental health. These included PTSD from previously serving within the armed forces (specifically in Afghanistan); working in the ICU during the Covid-19 pandemic and, more recently, the loss of their mother. This regrettably led to Client B self-medicating on two occasions and their dismissal from employment.

We were able to provide the DBS with proof that Client B has since engaged with Occupational Health, had a psychological assessment and undergone therapy, has informed their current employer of the reason for dismissal and is subject to regular supervision by three managers. We also raised the point that this was the first ‘blip’ in a lengthy period working within regulated activity. Client B was also investigated by the HCPC who concluded that they would NOT strike Client B off the register.

We obtained a successful result for Client B in that they were not added to the Barred List.

Client C – Minded to Bar Case

Client C was accused of rape of an adult female. We were able to provide the DBS with texts/chat history showing that the pair had been in a relationship for approx. six weeks and that intercourse had not taken place prior to the allegation.  On the night in question, Client C was of the understanding that any sexual contact was consensual as the alleged victim was heavily instigating it. There was discussion of wearing protection and Client C obliged in full view of the alleged victim. However, an argument ensued in which Client C was accused of not wearing a condom (which he strenuously denied) and Client C was later requested to transfer money in order for the alleged victim to obtain ‘emergency contraception’. All communication after the alleged incident was cordial but then Client C was arrested by the police.

Client C works closely with Youth Community Projects and is required to have an enhanced DBS Check. We were able to provide many positive character references to attest to Client C’s good nature and a reference from a previous partner to confirm that they had no concerns about consent or inappropriate behaviour. 

We reminded the DBS that they are responsible for safeguarding against vulnerable adults and children, and, together with receiving a decision from the Police of No Further Action, the alleged victim does not fall into either category, nor have there ever been any concerns about Client C’s engagement in regulated activity.

We obtained a positive result for Client C in that they were not added to the Barred List.

 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 info@olliers.com to discuss how Olliers can assist you if you have received a ‘minded to bar’ letter from the DBS or have subsequently been placed on the barred list.