DBS Notice to Bar

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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

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

14 02, 2017

Police Cautions

By |February 14th, 2017|Tags: , , , , , , , , , , , , , , , , , , , , |

A police caution is an out of court disposal aimed at achieving cheap and rapid justice. A police caution can only be issued if the suspect accepts the caution and admits the allegation. Admission to a Police Caution If a suspect does not admit the allegation then a police caution cannot be issued. An admission

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

16 12, 2016

DBS Minded to Bar Successful Challenge

By |December 16th, 2016|Tags: , , , , , , , , , , , , , |

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 –

3 12, 2016

Disclosure and Barring Service (DBS) Barring Appeal

By |December 3rd, 2016|Tags: , , , , , , , , , , , , , , , , , |

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

3 12, 2016

DBS Intention to Bar Successfully Resisted

By |December 3rd, 2016|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |

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