DBS Minded to Bar

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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

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

8 11, 2017

DBS Barring List Success

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

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

24 10, 2017

Police Caution Removal Success for Assault Allegation

By |October 24th, 2017|Tags: , , , , , , , , , , , , , , , , , , , , , , , |

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

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

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

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

5 01, 2017

DBS Barred List Success

By |January 5th, 2017|Tags: , , , , , , , |

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

22 12, 2016

Judicial Review – Police Settle Claim to Remove Police Caution, Arrest Record and Biometrics

By |December 22nd, 2016|Tags: , , , , , , , , , , , , , , , , , , , |

We have again won a case against the police to expunge a police caution, arrest record, fingerprints, DNA and custody photo from the client's record. The police had originally refused to remove the records, instead preferring to challenge the case. We issued judicial review proceedings against the police to challenge their decision to retain the

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