We have successfully applied for the deletion of a police caution issued in relation to an allegation of an abuse of a position of trust.
The caution, owing to its nature, meant that the client was prevented from working with children and vulnerable adults, and was placed on the Disclosure and Barring Service’s (DBS) children’s barred list.
On initial application to the police, they rejected our application without properly considering the facts and merits of the case that had been set out to them. We nevertheless persisted and insisted that a senior officer within the force review the matter.
The case turned on detailed legal submissions on the law surrounding the abuse of a position of trust, which has changed and evolved over the years.
On the face of the evidence it appeared that the client had provided an admission to the evidence. We however unpicked the case to show that the evidence had been obtained unfairly and in actual fact, key elements of the offence had not been proven by the police.
Thank you so much – you have genuinely been amazing – I was super impressed by your drafting & you’ve been a pleasure to work with.
The client’s caution was expunged and is now able to apply for removal from the DBS barred list. Had the caution remained, the client would have very likely been prevented from working in education indefinitely.
If you have received a police caution, and it is preventing you from developing your career or perhaps it is restricting you from working or living abroad, then please get in touch.
As you will see from our many case studies on our site, we have had many police cautions successfully deleted.
Many people (wrongly) assume that once they have been issued with a caution, there is nothing that can be done. The police in fact often make mistakes when issuing cautions, and sometime these can be serious enough to mean a police caution is entirely defective, making it unlawful.
We will always aim to set a case out in the strongest possible terms to the police, so that they agree to remove a caution without the need for costly court applications.
On some occasions we can’t make the police see reason, and if that is the case, we are more than prepared to fight your case before the High Court.
It is also the case that sometimes it will not be possible to have a caution deleted. We will always advise a client at the earliest possible stages on their prospects of success. If we believe your case is poor, and has a low probability of success, we will advise you of that fact.
Along with challenging unfairly issued police cautions and arrest records, we also are often instructed to challenge decisions made by the DBS.
We are able to challenge disclosure on enhanced DBS certificates, whether to rectify errors or to prevent disclosure of unfavourable information.
In addition, we are frequently instructed to challenge decisions to bar, either before a decision is made, or on appeal once the DBS have decided to bar someone.
If you have received a “minded to bar” letter then please get in touch, we have extensive experience of the law and procedure related to barring decisions and we have a good success rate in preventing clients from being placed on the DBS barred lists.
Please get in touch today to arrange a consultation. We offer reasonable fixed fees for our services, we unfortunately are unable to offer legal aid.