Police Caution and DBS Solicitors

We have again prevented a client from being placed on the DBS children and vulnerable persons barred list.

The client was convicted at court for a sexual offence and received a letter from the DBS giving him notice of a possible decision to place him on their barred lists – a “minded to bar” letter.

The client contacted us with a view to making representations to prevent him from being placed on the barred list.

Had the client been barred it would have effectively destroyed the career he had spent decades building up.

We made prompt, incisive and legally accurate representations to the DBS which resulted in a prompt response indicating they would not be placing the client on the barred list.

A good start to my year and I have you to thank for that, thank you for your help it is most appreciated.

DSB Barring Solicitors

If you have received a minded to bar letter it is important that you act promptly. You have 8 weeks to present your case to the DBS to prevent you being placed on the barred list.

If you fail to take action there is a good possibility they will place you on the barred list.

If you have already been barred and want to challenge this decision, we can help. There are mandatory periods that must elapse before you can apply to be removed, if however you believe there has been a mistake in the original barring decision we may be able to get the barring lifted early.

Please get in touch to discuss your case.

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.

We have successfully challenged the disclosure of incorrect information on a DBS certificate. The client, a successful professional, had been issued with a DBS certificate that contained incorrect criminal record information.

The disclosure of the information would have seriously affected the client’s professional career and may have resulted in the loss of their employment.

After we were instructed we acted very promptly to make representations to the police and the DBS to correct the record.

Within 14 days the certificate had been amended and a new one was issued. We have been instructed to claim compensation for the distress caused by the incorrect disclosure.

Disclosure and Barring Service (DBS) Appeal Solicitors

If you have received a DBS certificate and information has been disclosed that will affect your employment, such as a police caution, an arrest record or other relevant information, then please get in touch. We have successfully appealed many DBS certificates for our clients – we will act promptly to ensure as much information can be removed from your certificate as possible.

We also are often instructed to appeal DBS barring decisions or are asked to make representations to the DBS to prevent someone from being placed on the barred list. Someone who is appointed to the barred list will be prevented from working with children and/or vulnerable adults and so a decision to bar can be devastating to someone’s future employment prospects.

If you have received a “minded to bar” letter from the DBS then please get in touch. We have previously prevented clients from becoming barred from both the child’s and adults barred list.

We are also frequently instructed to remove arrest records and police cautions from the police national computer (PNC) – we are often able to find procedural errors that could mean your police caution or arrest was unlawful.

If you are worried about your employment, due to a DBS disclosure issue, then please get in touch.

We have again successfully prevented a client from being placed on the children and vulnerable adults DBS barred lists. The client had been cautioned for a sexual offence many years previously. On application for a job, and submitting a DBS check, information was passed to the DBS raising concerns – the DBS then began an investigation into barring the client.

Had the client been barred they would have lost their job and it would have seriously affected their future career.

After being instructed we made prompt and detailed representations to the DBS to prevent the client from being placed on the barred list. Within a short period of time the DBS wrote back to us confirming the client would not be barred.

DBS Barred List Decision Solicitors

If you have received a minded to bar letter then please get in touch. You have 8 weeks to make representations once you have received a minded to bar letter from the Disclosure and Barring Service. If you fail to response to the DBS then it will be more likely that they will place you on the barred list. If you are placed on the barred list then it is a criminal offence to apply for any work in a regulated sector , namely working with children or vulnerable adults.

If you have already been barred we can also help, there are mandatory periods that must run before you can apply to be removed from one or both of the barred lists. If however the original decision to bar was incorrect we may be able to have you removed from the barred list prior to the mandatory barring period. For example you may have been barred on the basis of a caution that you believe was unfair. We would first apply to have your caution expunged (deleted) and then apply to have you removed form the barred list.

We have successfully removed many police cautions for our clients either via representation to the police or through judicial review proceedings at court.

If you were only arrested, but were never convicted or cautioned, you may still find that unfavorable information is showing up on your DBS certificate. If that is the case then please get in touch, we may be able to have your arrest record deleted, or have the information removed from your DBS certificate.

Please get in touch for advice by an experienced solicitor on any Disclosure and Barring Service (DBS) issue you may be having.

We have successfully appealed a decision against the DBS to put our client on the children and adults barred list.

Barred List and DBS appeals expert Solicitors

We carefully prepared representations to the Disclosure and Barring Service which persuaded the DBS to review and overturn their decision to place the client on the barred list.

I have been so stressed by the DBS decision to place me on the barred list. I am so thrilled that this is all over.

Teachers and the Barred List – How Can I Remove a Police Caution?

If you are a teacher, or hope to be one, a decision to place you on the barred list will ruin your future career; please get in touch to appeal a decision to place you on the barred list.

Barred List decisions and Heath Care Workers

If you work in health care, a barred list decision will bring an end to your career; please get in touch if you have been barred and you think you have grounds to appeal.

We have acted for many clients in appealing unfair convictions, cautions and decision taken by the DBS including appealing DBS certificates and barred list decisions.

DBS Expert Appeal Solicitors

Please get in touch to discuss your DBS appeal case.

We have been instructed to defend in a Disclosure and Barring Service instigated prosecution.

The client has been charged under section 7 of the Safeguarding vulnerable Groups Act 2006.

Applying for Work Whilst Barred

It is a criminal offence to apply for work to which you are barred by the DBS. Section 7 states the following:

7) Barred person not to engage in regulated activity

(1)An individual commits an offence if he—
(a)seeks to engage in regulated activity from which he is barred;
(b)offers to engage in regulated activity from which he is barred;
(c)engages in regulated activity from which he is barred.
(2)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

The maximum sentence on conviction for applying for work whilst barred is 5 years imprisonment.

DBS Safeguarding Vulnerable Persons Prosecutions

There are also separate offences for employers failing to conduct checks or permitting people they know or suspect are barred from working in a regulated sector.

Criminal Defence Disclosure and Barring service (DBS)

If you are charged with or under investigation for a Safeguarding Offence then please get in touch.

Can you get a Police Caution Removed?

Along with defending criminal allegations we are also very experienced in applying to the DBS to appeal an application to place someone on the barred list, appealing disclosures on DBS certificates and also applying for the expungement of police cautions or youth warnings (now called youth cautions).

Please get in touch to speak to an expert Disclosure and Barring service (DBS) solicitor.

The client instructed us to amend information disclosed on his DBS certificate.

Appealing a DBS Certificate

Information had been disclosed in detail in relation to a previous incident that was preventing the client entering the teaching profession.

After appealing to the DBS about the disclosure on the certificate the information was amended.

DBS Appeal Solicitors

If you have had information disclosed on a DBS certificate and want to remove or amend the details then please get in touch.