Has someone informed you that you are or will be referred to the DBS?

Following an internal investigation by an employer or volunteer group or an external investigation by outside agencies such as the police or social services, a person may be referred to the DBS if it is thought that there are safeguarding concerns. We will be able to explain the full process and expected timescales and discuss how best you can prepare yourself should the DBS decide to consider you from being barred from working with vulnerable adults or children.

Have you received a letter from the DBS which informs you that it is Minded to Bar you?

The DBS have the statutory power to investigate any safeguarding concern which comes to its attention by seeking information from employers, police and other public bodies. This can take some time but if the concerns remain, the DBS will send a Minded to Bar letter. This should set out all the concerns and provide all the information upon which it relies to come to its preliminary decision that a person should be considered for being barred from working with vulnerable adults or children. 

A period of 8 weeks is normally given to the recipient of a Minded to Bar letter to submit written representations to persuade the DBS not to place them on any barred list. Our team have extensive knowledge of the process and comprehensive experience in dealing with Minded to Bar letters. We will take you through the paperwork in a systematic and structured way so that you are placed in a fully informed position so you can provide the best representations possible. 

Our solicitors have years of experience in drafting full and proper representations which successfully keep individuals off the barred lists.

Have you received a DBS certificate which includes information which is inaccurate or you feel should not be disclosed?

Part of the DBS application process includes a request to the police to provide any information which it holds that may be relevant to the role being applied for. In jobs or sectors dealing with vulnerable adults or children, this can include any information (not just convictions or cautions). Although the police may offer an opportunity to make representations before disclosing the information to the DBS, it is not under any statutory obligation to do so; it is disclosed at the total discretion of the police. 

We can offer specialist advice to those who have received adverse disclosure on an Enhanced DBS certificate and have experience in drafting disputes against disclosed information which is inaccurate or considered to be disproportionate in the circumstances.

Have you received a letter from the police proposing disclosure to the DBS?

Part of the DBS application process includes a request to the police to provide any information which it holds that may be relevant to the role being applied for. In jobs or sectors dealing with vulnerable adults or children, this can include any information (not just convictions or cautions). The police may offer an opportunity to make representations before disclosing the information to the DBS. 

It is vitally important that proper advice is sought at this stage. This not only protects a person’s rights from unfair disclosure on a DBS certificate but also avoids the DBS from becoming aware of issues which may trigger a barring investigation. Our experts are aware of the criteria which the police have to follow in order to disclose information to the DBS and will be able to discuss all issues with you and advise and draft appropriate representations.

Have you recently received a criminal conviction or caution?

If you have received a criminal conviction or caution, then the DBS may wish to consider whether you are suitable to work or volunteer with vulnerable adults or children. There are also certain offences known as Autobar offences. The DBS will automatically consider placing anybody who has received a conviction or caution for one of these offences on the barred lists, thus preventing them from working or volunteering with vulnerable adults or children. 

If you have received a Minded to Bar letter or Intention to Bar letter or if you are worried that the DBS may send you such a letter, then JJWLegal can offer expert advice as to your options and next steps.

Have you just found out that you have been placed on a barred list?

DBS investigations can be a lengthy process and circumstances sometimes occur when a person goes to renew a DBS certificate or applies for a new job only to be informed that they have been already placed in a barred list. This can be potentially devastating news as it will result in that person having to immediately stop working or volunteering with vulnerable adults or children as it is a criminal offence in itself for a person to continue to work or volunteer in the regulated sector once they know they have been barred. Lost post or moving house are examples of situations which have led to people not receiving prior notification of any DBS investigation. 

This can lead to people being barred without their knowledge and therefore without them being able to offer any representations. In such circumstances, JJWLegal can act for you by explaining to the DBS the circumstances and requesting what is known as Late Representations. If the DBS consider there are valid reasons to allow Late Representations, it will allow for full representations to be submitted. Even if it can be proved that you were not previously aware of the barring investigation and outcome, your name will not be removed from any barred list unless your late representations are successful. 

It is therefore extremely important to obtain specialist advice as soon as you realise that you have been barred.

Have you previously been barred but wish to have this reviewed by the DBS?

 Do you need guidance through this complicated system to identify whether you will be affected?