The client had been placed on the barred list under the former Department of Education and Skills (DfES) list 99 procedure.
The client had never been convicted of any criminal offence, but was simply the subject of a spurious allegation from over 15 years previously.
The government has significant powers to disclose information, and take barring decisions about individuals, even where no actual criminal conviction has taken place.
If the DBS believe that an allegation made against you is more likely to be true than not, and if it is necessary and proportionate to do so in their view, you will be placed on either the children or adults, or both, barred lists.
DBS Barred Lists Solicitors
Our client had lived for many years under the shadow of the allegation, and the fear that he would be arrested again for a perceived infraction of the barring requirements. Eventually the fear outweighed his concern, and he approached us to try to have himself removed from the list.
After obtaining the file of evidence from various sources, we were able to identify some serious defects in the way the original barring decision had been made. We also argued that continuing to bar our client was disproportionate, unnecessary, and plainly unfair.
We managed to persuade the DBS, within a relatively short period of time, that the client ought to be removed from the children’s bared list.
DBS Certificates and Police Records
Now that the client is removed from the barred list, we are now applying for the expungement of all police records related to the allegations.
Even if an accused is removed from the barred list, the police may still disclose information on an enhanced DBS certificate, which can jeopardise an employment opportunity.
I am a qualified solicitor and Director of Legisia Legal Services. I have extensive experience of applying for the removal of police cautions from the PNC, challenging DBS certificates and DBS barring decisions.
I have had many successful cases, and for cases where judicial review proceedings have been issued, I am usually able to recoup my clients’ costs from the police.
I have co-authored a journal paper on the reform of the police cautioning procedure in the Criminal Law Review (the leading criminal law journal : “Suggestions for Reform to the Simple Cautioning procedure”). I also write the UK Westlaw Insight on Police Cautions and published an article in the Criminal Law and Justice Weekly on anonymity in criminal proceedings and its impact on the police caution: Adult Defendant Anonymity in Criminal Proceedings
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