DBS Filtering

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6 02, 2019

What Shows up on an Enhanced DBS check?

By |February 6th, 2019|Tags: , , , , , , , , , , , , , , |

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, for details of these categories please see here. (NB: these rules are currently being reviewed subsequent to a 2019 Supreme Court ruling). Along with disclosing information according

31 01, 2019

What is the impact of the 2019 Supreme Court decision on disclosure of youth cautions, warnings and reprimands and also adult cautions?

By |January 31st, 2019|Tags: , , , , , |

Yesterday the Supreme Court handed down a judgement with respect to the disclosure of past criminal records. This litigation had been ongoing for a number of years, including numerous claimants and campaign groups. The judgement can be found here: R (on the application of P, G and W) (Respondents) v Secretary of State for the

16 03, 2018

DBS Barring Appeal Success

By |March 16th, 2018|Tags: , , , , , , , , , , , , , |

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

19 10, 2017

DBS Barring Procedure Successfully Halted

By |October 19th, 2017|Tags: , , , , , , , , , , , , , , , , , , |

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

26 07, 2017

Police Caution Removal Success

By |July 26th, 2017|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , |

We have had a police caution deleted for our client. The caution was issued in the context of an acrimonious separation. The client was a health care professional, and so had the caution not been removed, it would have likely resulted in the client being struck off, and their losing their professional career. The

4 04, 2017

Arrest Record Deleted

By |April 4th, 2017|Tags: , , , , , , , , , , , |

We have successfully applied to the police for our client’s arrest record and biometric data to be deleted. We had previously successfully applied to have the client’s cautioned expunged. The client had had a caution for ABH. A caution for ABH is considered to be more serious than other offences, and will be disclosed for

8 02, 2017

Regulated Activity with Children

By |February 8th, 2017|Tags: , , , , , , , , , , , , , , , |

What is considered Regulated Activity with children is a complex area of law and is set out in the Safeguarding Vulnerable Groups Act (SVGA) 2006 Schedule 4. The rules were significantly amended in 2012 by the Protection of Freedoms Act. The feeling was that SVGA went too far in defining regulated activity and the

3 02, 2017

Police Caution Removed for Teacher

By |February 3rd, 2017|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Our client, a teacher, had received a caution in relation to a domestic common assault allegation. The client had been wrongfully issued the police caution in relation to a malicious allegation made by an ex-partner. After reviewing the case we were able to clearly determine that there had been some serious defects in the

1 02, 2017

Is a police caution a criminal record?

By |February 1st, 2017|Tags: , , , , , , , , , , , , , , , , , , , , , |

Is a police caution a criminal record? The short answer to this question is yes - a caution is a criminal record. However what actually constitutes a "criminal record" is not a precisely defined concept, and the better question to ask is, in what circumstances will my caution be disclosed? A caution will become

31 01, 2017

How long does a police caution stay on your record?

By |January 31st, 2017|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |

The answer to this question depends on who is asking the question. The answer will be different depending on the level of disclosure that can be lawfully requested by the organisation who is asking the question. On a basic disclosure (issued by disclosure Scotland) a caution (youth and adult) is spent immediately and will not

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