We have again successfully challenged the Disclosure and Barring Service (DBS) in respect of proceedings to place a client on the children and adults barred list.
The client had been previously issued a caution in relation to a sexual offence many years ago.
On application for a job, an enhanced DBS check was undertaken – this triggered the DBS to investigate the possibility of placing the client on both the children and adults barred list.
We made prompt and robust representations to the DBS explaining why it would be unlawful to place our client on the barred list. Within 4 weeks the DBS wrote back agreeing our submissions and did not place our client on the barred list. Had the client been barred they would have lost their job and it may have ruined their professional career.
DBS Barred List Applications
If you have received a letter from the DBS informing you that they are minded to place you on either the child or adults barred list, then please get in touch.
The DBS must apply a specified set of criteria when assessing a decision to bar and it is not a forgone conclusion that they will place someone on the barred list.
Timely, detailed and legally precise representations can often persuade the DBS not to make a barring decision.
Police Caution Removals and Conviction Appeals
It may also be the case that you recently received a police caution, or have been convicted, and the DBS are contacting you because of this. We are also able to explore the possibility of removing a police caution from the PNC or overturning criminal convictions.
When appealing a caution or criminal conviction, it is always important that you act promptly as there are deadlines that apply.
DBS Barred List decisions
If you have already been placed on the barred list but feel the decision was incorrect, then please get in touch. We may be able to apply to get you taken off the DBS barred list.
DBS Enhanced Certificates
We can also help you with information that has been unfairly disclosed on an enhanced DBS certificate. It may the case that you were previously arrested, cautioned or convicted and information is still being disclosed despite it being technically “protected”.
The police have a discretion to disclose information on an enhanced DBS certificate if it is considered relevant to a particular role, the disclosure of such information will of course be extremely prejudicial to your employment prospects.
We will be able to make prompt and effective representations to the DBS to ensure any unfairly or incorrectly disclosed information is removed as quickly as possible.
Please get in touch to discuss your case with an experienced DBS and criminal records solicitor.