DBS Barred List - Legisia Archives

What Shows up on an Enhanced DBS check?

Matt Elkins — Wed, 06 Feb 2019 15:22:35 +0000

What shows up on an enhanced DBS check is subject to detailed procedural rules.

There are certain categories of police disposals and convictions that will automatically be disclosed on a standard and enhanced DBS certificate.

Along with disclosing information according to defined categories, an Enhanced DBS Certificate can also include information on the basis of the police’s opinion as to its relevance, and whether it ought to be included on a certificate.

Before an enhanced DBS certificate can be issued, it must also be show that questions being asked about a person’s criminal record are for a “prescribed purpose”. Prescribed purposes are broadly speaking working with children and vulnerable adults, as well as other specific areas such as becoming a Commissioner for the Gambling Commission, or holding a license to produce controlled drugs under Regulation 5 of the Misuse of Drugs Regulations.

NB: November 2020 edit: Youth cautions, warnings and reprimands are immediately “protected” subsequent to changes implemented by the government. This means that even for offences that appear on the DBS list of unfilterable offences, they will not be automatically be disclosed on an enhanced and standard DBS check. It should be noted however despite the changes, it is still possible for facts related to youth cautions, warnings or reprimands to still be disclosed on an enhanced DBS certificate if the police feel the information is “relevant”.

Disclosure of Relevant Information on an Enhanced DBS Certificate

The issue as to what information might be relevant to be disclosed on an enhanced DBS certificate came under renewed scrutiny by the Supreme Court in 2018.

The appellant in the case had been acquitted of rape, he was a qualified teacher, but was working at the time as a taxi driver. It had been alleged that he had raped a 17-year-old woman, who was a passenger in a taxi driven by him. His defence was that there had never been sexual contact with the alleged victim.

Following his acquittal, he applied for an enhanced DBS certificate in connection with an application for a job as a lecturer. The rape allegation and prosecution was disclosed on his enhanced DBS check as being relevant information to his job application.

The appellant appealed the disclosure of his rape acquittal – the appellant argued that his acquittal had proved his innocence:

It is wrong, unfair and grossly prejudicial [that] I should have to defend myself every time I apply for employment after the jury have ruled I am an innocent man.

(Para 9 of Judgement)

On appeal the police stated that they did not feel that his acquittal had amounted to proving his innocence, but only showed that the allegation could not be proven beyond a reasonable doubt:

Although the applicant was found not guilty by the jury, the test for criminal conviction is beyond all reasonable doubt, which is higher than that required for CRB disclosure purposes. Therefore the applicant’s acquittal does not prove that he was innocent, or even that the jury thought he was innocent, just that he could not be proved guilty beyond all reasonable doubt …

Para 12 of Judgement

The police concluded that they felt that the test for disclosure of relevant information was that it needed to be more likely to be true than not, which is effectively the civil standard of proof:

the legislation and guidance is clear that allegations that might not be true can be disclosed… I believe that the information is more likely to be true than false and is not lacking in substance, and it is reasonable to believe that the information might be true, and therefore it passes the required test

Para 12 of Judgement

After deciding that the acquittal was relevant information, the police also concluded that it was reasonable and proportionate to disclose it.

On appeal to the Supreme Court it was contested that it was a breach of the appellant’s right to a private life for his acquittal to be disclosed on his enhanced DBS check.

The Court did not agree with the appellant and stated that it was lawful to disclose non-conviction information. The Court stated that the police did not need to undertake a detailed assessment of evidence to the civil standard of proof. The court indicated that where there was evidence that tended to confirm innocence, then it might be inappropriate to disclose. The Court stated as follows:

68. While I do not question the actual decision in that case, I cannot accept that, as a matter of domestic law or under article 8 , it is necessary or appropriate for those responsible for an ECRC to conduct a “detailed analysis” of the evidence at the trial, such as envisaged by Coulson J. That is the task of the judge and jury, who have the advantage of seeing and hearing the witnesses. Whether or not it would be compatible with article 6.2 for the chief officer to express a view on the merits of the case following an acquittal, it is not the proper function of an officer to attempt to replicate the role of the court, or (in Ms Richards’ words) to conduct a “mini-trial”. Nor can that be read into the language of the statute. His task under section 113B is to identify and disclose relevant “information”, not to make a separate assessment of the evidence at trial. As Mr Moffett’s examples show (para 52 above), additional information may in some cases be available about the circumstances of the acquittal, including possibly the court’s own statements about it, which may give reasons for treating the court’s disposal as less than decisive. By contrast in the case considered by Wyn Williams J (para 36 above) the available information should have been taken as a positive indication of innocence. However, in the absence of information of that kind, it is not the officers’ job to fill the gap. To the extent that Ms Wilson in the present case saw it as part of her task to assess whether, in the light of the evidence at trial, the allegation was “more likely to be true than false”, she was in error.
69. The judge did not make the same error. He went no further than to accept, as he was entitled to do, the Chief Constable’s view that the information was “not lacking substance” and that the allegations “might be true”. However, that in itself did not mean that disclosure was disproportionate. It was a matter for him to assess whether the information, albeit in the limited form contained in the ECRC, was of sufficient weight in the article 8 balance.

Paras 68/69 of Judgement

In a postscript to the case the Court confirmed that non-conviction information could be disclosed on an enhanced DBS checks, including acquittals:

74 Given that Parliament has clearly authorised the inclusion in ECRCs of “soft” information, including disputed allegations, there may be no logical reason to exclude information about serious allegations of criminal conduct, merely because a prosecution has not been pursued or has failed. In principle, even acquittal by a criminal court following a full trial can be said to imply no more than that the charge has not been proved beyond reasonable doubt. In principle, it leaves open the possibility that the allegation was true, and the risks associated with that.

Para 74 of Judgement

The Court did however also indicate that there was a lack of guidance for employers as to how to deal with, and interpret, acquittals disclosed on Enhanced DBS checks. As a result of this indication new guidelines for employers may be drawn up.

DBS Defence Solicitors

If you have received an enhanced DBS certificate and it has disclosed information that you dispute or that you feel is unfair, please get in touch.

We have significant experience in challenging enhanced DBS checks and also barring appeals.

Unfortunately we do not offer legal aid, but can usually offer reasonable fixed fees.

The post What Shows up on an Enhanced DBS check? appeared first on Police Caution Removal Solicitors.

Racially Aggravated Assault Caution Removed

Matt Elkins — Mon, 19 Nov 2018 00:04:02 +0000

We have again had a police caution deleted for a client. The client had been issued a caution for racially aggravated assaulted after a night out.

The client had been drunk at the time and had been accused of assault after his friends had been thrown out of a nightclub. The client was accused of assaulting a doorman in the process of defending his friends, and had also been accused of using racially abusive words.

The client did not accept, despite his intoxication, that he had not acted reasonably, and he did not admit to using the racially abusive words. The police however pressed the client into accepting a police caution, variously telling him that matters would be made worse if he did not admit the allegation, and that the caution would have no serious long term implications.

The client agreed to accept a police caution and hoped to put the incident behind him.

Police Caution Deletion

It was only a some time later when he was looking to emigrate for work purposes that the caution became an issue; the caution was indirectly disclosed on his ACRO police certificate. Due to the nature of the allegation, the caution would cause serious difficulties in obtaining a work Visa, also as his employers would be processing his Visa, they would come to know about the caution.

After we were instructed we promptly reviewed all the evidence in the case. We noticed some anomalies in the witness statements, and gaps in the evidence that had not been explored by the police.

Within a relatively short period of time the police agreed with our representations and deleted the client’s caution, the entire PNC record and biometric data.

Now that the caution is deleted the client’s ACRO police certificate will state “no trace” as opposed to “no live trace” .

Records Deletion and Suppression Solicitors

We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.

Along with applying for the deletion of police cautions, we are also able to assist with the deletion of PNC arrest records, community resolutions, harassment PINs, Penalty Notices for Disorder (PNDs) and local police records held on the Police National Database (PND).

Along with applying for the deletion of police records, we can also assist with challenging DBS disclosures on both standard and enhanced DBS certificates. Our lawyers also have extensive experience in challenging DBS barring decisions; both appealing existing barrings, or resisting a new barring application.

We can also assist with applying for the removal of online records, such as unfavourable news articles under the right to be forgotten (the right to erasure).

Also if you, or a loved one, has received a restraining order, we will be able to assist in its removal or amendment.

In most cases we offer fixed fees, unfortunately we do not offer legal aid.

Please get in touch to arrange an initial consultation.

The post Racially Aggravated Assault Caution Removed appeared first on Police Caution Removal Solicitors.

Caution Deleted for FCA Regulated Professional

Matt Elkins — Mon, 16 Apr 2018 20:02:08 +0000

We have again had a caution removed for a client. The client was a professional working in finance.

The caution was causing the client issues with respect to travel abroad and also with respect to employment background checks.

After reviewing the evidence, we were able to identify a number of defects with the case, which meant the police had issued the caution unlawfully.

The police agreed that the caution had been unlawfully issued and deleted the client’s caution.

There was no need for us to take the matter to court, and we charged the client a reasonable fixed fee, agreed at the start of the case.

Now that the client’s caution is deleted, he will have a clear police certificate, and his DBS certificate will be clear.

Police Caution Deletion Solicitors

If you have a police caution and it is causing you an issue, then please get in touch.

Similarly if you have information that is being disclosed on an Enhanced DBS certificate, such as an unproven allegation, and this is causing you to miss out on job opportunities, then please get in touch.

We also have extensive experience in challenging DBS barring applications or appealing existing barring decisions. Please get in touch to discuss your case.

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DBS Barring Appeal Success

Matt Elkins — Fri, 16 Mar 2018 00:59:36 +0000

We have again successfully challenged a Disclosure and Barring Service (DBS) barring decision.

The client had been placed on the children’s barred list, however he had always felt the decision had been unfair.

The client had been investigated in relation to a sexual allegation, but the case had concluded without charge.

Despite the allegation being dropped, the client had been referred to the DBS by the police. At the time, as the client had been recovering from the stress of the criminal investigation, he did not challenge the barring application.

It was only after several years that the client began to reassess his situation and realised that he had been treated unfairly. That is when he got in touch with us to investigate his case.

DBS Barring Solicitors

After we were instructed we gathered together all the evidence in the case. Once we able to view the file we saw that misstatements had been made to the DBS about the strength and nature of the allegation.

We set out our client’s case to the DBS and after a few months the DBS wrote back agreeing to remove the client from the children’s barred list.

As the client is an educator, this has meant he has been able to fully resume his career and get on with his life as before.

Expert DBS and Police Records Solicitor

If you have received a letter from the DBS stating that they are considering barring you, please get in touch. If you ignore the letter then you will increase the chances that you will be placed on one, or both, of the barred lists.

Along with challenging barring proceedings, we also are able to appeal barring decisions that are already in place.

In addition, if you have had information unfairly disclosed on an enhanced DBS certificate, for example non-conviction information held on the PND, then please get in touch today. We have significant experience of challenging the disclosure of information on enhanced DBS certificates.

We initially assess cases via a telephone/or Skype consultation – after which we will provide a written advice tailored to your case.

Unfortunately we do not offer legal aid, but we are often able to charge reasonable fixed fees.

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Historic Police Caution Deleted for Client

Matt Elkins — Thu, 01 Mar 2018 22:52:53 +0000

Our client had been issued with a police caution over 10 years ago and had himself unsuccessfully applied on two occasions to have his police caution deleted.

The police force concerned had rejected his applications for deletion, stating to him that they believed they had issued the caution in a lawful manner and that they intended on retaining his caution for 100 years, in accordance with current NPCC policy.

On review of the police’s evidence we were able to determine that the caution had in fact been issued unlawfully, and promptly set out our application to the police for deletion of the caution.

The client had been the victim of incessant and prolonged antisocial behaviour outside his home, and had taken reasonable actions to defend himself. The police however were very quick to point the finger of blame at the client despite him suffering many years of abuse from local youths in the area, his neighbour having been violently assaulted on a previous occasion.

Within a relatively short period of time the police responded agreeing to a complete expungement of the client’s PNC record – namely he was entirely removed from the Police National Computer. This means that if a background check were ever to be undertaken on him, the system would return a “no trace” record.

After many years of suffering with the injustice of the caution the client was finally able to move on from the incident.

Deletion of Police Cautions

If you have been unfairly issued a police caution then please get in touch. It is not uncommon for the police to issue cautions unfairly, and sometimes the alleged victim in the case is in fact the real perpetrator.

If you were told when you accepted a caution that it was just a slap on the wrists, or that it would have no long-term impact on your future, then there may be an argument to say that the caution was issued unfairly.

You may feel that the police have rushed your case so that you could not properly reflect upon the implications of the caution, and you accepted the caution just to escape the confines of the police station.

If you have never been arrested before, being detained in a police cell will be a frightening and unpleasant experience; and this often contributes to people making a rushed decision to accept a police caution, particularly as the police will often threaten a detainee with going to court if a caution is not accepted.

It is not the case that all police cautions can be expunged, and very often they will have been administered correctly, however if you feel that you are innocent of the allegation against you and the caution was pressed onto you in unfair circumstances, then please get in touch.

We have successfully applied for the removal of many police cautions with respect to police forces across England and Wales.

Often our clients are successful professionals who are frequently located abroad, in such circumstances we are easily able to manage a client’s case remotely without the need for the client to return to the UK.

Police Cautions and Foreign Travel

If you have received a police caution you may now be aware that it may limit your ability to travel abroad.

If you plan to settle abroad you will most often require a “police certificate” which is issued by ACRO.

If you have received a police caution then it will be disclosed on a police certificate for between 5 and 10 years, depending on the offence. After this period of time a police certificate will state “no live trace”.

A no live trace indication on a police certificate will tell any foreign nation that you have previously been cautioned or convicted for a criminal offence.

See here for more information in relation to police cautions, arrest records and travel to the United States of America.

The Disclosure and Barring Service

Along with applying for the deletion of police records we also have extensive experience of challenging unfairly disclosed information on DBS certificates, challenging applications to bar, and also appealing existing barring decisions.

If you have any issues with the DBS please get in touch to arrange an initial consultation. We charge a fixed fee for an initial consultation, during the consultation we will be able to advise you on your prospects of success. If you believe your case is weak, we will tell you frankly to avoid you incurring any further costs.

If we believe you have a case to argue, we are usually able to charge fixed fees.

We always aim to settle police caution cases and DBS appeals without the need for court, however if court proceedings are required we will be able to offer you reasonable hourly rates, which are often recoverable in the case of success.

The post Historic Police Caution Deleted for Client appeared first on Police Caution Removal Solicitors.

Sexual Offence Police Caution Deleted

Matt Elkins — Sat, 02 Dec 2017 20:37:01 +0000

We have again had a caution expunged for a client. The caution had been issued a number of years previously, in relation to a sexual offence.

We were able to identify aspects in the evidence which enabled us to challenge the basis of the caution, even though the caution had been issued over five years previously.

The police agreed to delete the caution, arrest record and the client’s DNA and fingerprint record.

The client, an accomplished teacher, was able to continue his career knowing that his record would now be clear.

Police Caution Deletion Lawyer

We have had many police cautions deleted for our clients, including cautions issued both recently and historically.

We are usually able to offer a fixed fee for our services, and we always aim to resolve a case without the need for costly court proceedings. If the police however do not agree to expunge your caution, and you have a solid case to argue for expungement, we will fight your case before the High Court in Judicial Review proceedings.

Disclosure and Barring Service Solicitors

Along with applying for the deletion of police records, we are also often instructed to apply to the DBS to appeal DBS certificates or barring decisions.

If you have received a “minded to bar” letter, then please get in touch to discuss your case.

For more information on our DBS related work, please visit here: DBS appeals solicitors.

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DBS Barring List Success

Matt Elkins — Wed, 08 Nov 2017 19:35:28 +0000

We have successfully applied to have our client removed from the Disclosure and Barings Services’ (DBS) Barred lists.

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.

We have had significant success in expunging police records, including police cautions.

Along with applying for the expungement of police records, we also have significant success in appealing disclosures of information on enhanced DBS checks.

Police Caution and DBS Solicitors

Please get in touch today to discuss any police records or DBS case. We are often able to offer reasonable fixed fees or competitive hourly rates.

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Arrest Record Deleted

Matt Elkins — Wed, 01 Nov 2017 12:17:12 +0000

We have successfully applied for the deletion of our client’s Police National Computer (PNC) arrest record.

The client had been wrongfully accused of a criminal allegation, and had been arrested, detained, fingerprinted, DNA swabbed and held overnight.

We made representations to the police for the deletion of the client’s record. After initially resisting deletion, we placed further pressure on the police, which resulted in them backing down, and agreeing to the deletion of the client’s PNC records.

Enhanced Disclosure and Barring Services (DBS) Checks

Had the allegation been retained on the PNC, it is possible that the incident would have been disclosed indefinitely on an enhanced DBS check. Due to the nature of the allegation, and the client’s profession (education), it was likely that the police would have chosen to disclose the allegation on an enhanced DBS certificate for years to come.

Now that the PNC record is deleted, the client now has a clear DBS certificate.

Police Caution Removal

Along with applying for the deletion of arrest records, we also have significant success in applying for the deletion of police cautions, and have had many successful cases.

Also we are frequently instructed to challenge DBS barring decisions and information disclosed on enhanced DBS certificates, including challenging disclosures to the Independent Monitor, and to Court.

DBS and Police Records Solicitors

Please get in touch today to arrange a consultation to discuss any issues you may be having with a police record, or the DBS.

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Police Caution Removal Success for Assault Allegation

Matt Elkins — Tue, 24 Oct 2017 17:40:22 +0000

We have again had a police caution expunged from the Police National Computer (PNC) for our client. Our client worked in financial services, and the caution was having a detrimental impact on our client’s career.

The caution would have been disclosed on a standard Disclosure and Barring Service (DBS) check for 6 years, and may have shown up on an enhanced DBS checks for longer had the client wanted to be involved in voluntary work (such as volunteering at school events or coaching).

Thank you! I'm so relieved. I’m so grateful for your help. I'm glad this chapter of my life is now over and I can finally put this incident behind me.

Police Caution Expungement

If you have received a police caution, and it is holding back your career, or ability to live or travel abroad, then please get in touch. We have successfully applied for the removal of many police cautions.

During our initial consultation we will be able to assess your case, and advise you clearly on your prospects of success.

Along with applying for the deletion of police cautions, we are also able to appeal the retention of arrest records, local police records, DNA, fingerprints, PNDs and cannabis warnings.

DBS Certificate & Barring Appeals and Police Caution Removals

Along with applying for the deletion of police cautions, we are also expert in applying for the deletion of information from DBS certificates and challenging barring decisions.

If you have already been barred, or have received a “minded to bar letter” from the DBS, then please get in touch today.

We have successfully resisted many DBS cases, including overturning DBS barring decisions that are already in place, including those instituted under the former Independent Safeguarding Authority (ISA) procedure.

We offer reasonable rates, and can often arrange fixed fees. Please get in touch today to arrange a consultation with our police records and DBS appeals solicitors.

The post Police Caution Removal Success for Assault Allegation appeared first on Police Caution Removal Solicitors.

DBS Barring Procedure Successfully Halted

Matt Elkins — Thu, 19 Oct 2017 19:35:39 +0000

We have successfully prevented a client from being placed on the Disclosure and Barring Service (DBS) children’s barred list.

The DBS had commenced an investigation into whether to bar our client. They had taken an initial view that it may be appropriate to place the client on the barred list.

The DBS barring investigation had been instigated when the client had applied for a DBS check, which disclosed a caution for a sexual offence some years before.

Once the DBS had been notified of the caution, their investigators decided to commence their barring process.

DBS Barring Appeal Solicitors

Once instructed, we gathered together all the relevant evidence in the case from a variety of sources.

We instructed an expert witness to provide a report on our client, looking at relevant factors which would be taken into consideration by the DBS in making their decision.

Although the original allegation had been some time ago, we were able to piece together the file, which showed the allegation in its true context, rather than the highly prejudicial manner in which it was presented by the police.

Child and Adult DBS Barred List Appeals

Once we submitted our representations to the DBS, we followed up our application periodically, to ensure matters were progressed in a timely fashion, and so that our client did not have an undue delay waiting for the outcome.

Within 8 weeks, the DBS notified us that they would not be barring the client.

DBS and Police Records Experts

Along with challenging DSB barring decisions, we are also expert in defending against unfairly issued DBS certificates, in particular challenging information disclosed on enhanced DBS certificates.

We are also frequently instructed to apply for the expungement (deletion) of police issued criminal records, such as police cautions, PNDs, cannabis warnings and arrest records.

We have had many police cautions expunged from the Police National Computer (PNC) along with bio-metric data (fingerprints and DNA) and arrest records.

Police Caution Removal and DBS Solicitors

Please get in touch today to book an appointment to discuss your case. We offer reasonable fees, and can usually offer a set fixed fee in advance.

Unfortunately, we do not offer legal aid.

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