Client Successfully Removed from DBS Barred Lists
KANGS has successfully assisted a client obtain her removal from both the Children’s and Adult’s Barred Lists.
Upon receiving a 'Minded to Bar Letter' from the Disclosure and Barring Service ('the DBS'), our client attempted to oppose the proposals to bar by submitting her own representations, but her efforts were unsuccessful.
Accordingly, when our client instructed us, she already appeared on the two Barred Lists and this placed her future career in a precarious position.
Our Team successfully proceeded under Schedule 3 Paragraph 18A, Safeguarding Vulnerable Groups Act 2006 (the Act’) which provides the DBS may remove the person from the list if, and only if, it is satisfied that in the light of:
- information which it did not have at the time of the person’s inclusion in the list,
- any change of circumstances relating to the person concerned, or
- any error by DBS,
- it is not appropriate for the person to be included in the list.
Helen Holder of KANGS outlines the work undertaken on behalf of our client to achieve this highly satisfactory result.
What is a Barred List?
A Barred List is a database maintained by the DBS recording details of individuals banned from working with children or vulnerable adults arising from previous misconduct or criminal offence(s). Barred Lists are intended to protect vulnerable individuals from harm caused by predatory, violent and abusive criminals.
If a person’s name appears on one of the Barred Lists, that person is automatically disqualified from any role that involves working or volunteering with children and / or vulnerable adults.
The DBS can bar a person, from working in regulated activity with children and/or adults, who has:
- been convicted of or cautioned for certain offences, (‘Autobar’),
- harmed a child or vulnerable adult or is considered to pose a risk of harm to a child or vulnerable adult.
The DBS can only consider a person for inclusion in a Barred List where that person is, has been or may in the future work within regulated activity with vulnerable adults or children.
Regulated activity is defined by the Act and includes work activities such as:
- teaching, instructing, supervising, training and coaching children,
- delivering care - for example with eating, drinking, toileting, washing, bathing or dressing,
- driving a vehicle with children/vulnerable adults,
- assisting with a person’s own affairs,
- assistance with general household matters.
Regulated activity does not include activities as part of non-commercial personal or family relationships.
The Circumstances.
Our client, who was employed as a Residential Care Worker, had been acquitted of alleged criminal offences brought before the Magistrates’ Court.
However, despite this acquittal, the DBS decided that the circumstances of the incident were sufficient to include our client on the Children’s and Adult’s Barring Lists thereby preventing her from working in a regulated activity.
Upon instruction, the Team at KANGS immediately:
- considered and critically analysed the lengthy bundle of documents which had been served by the DBS,
- attended upon our client taking detailed instructions upon all pertinent matters including her background, training, employment history, the incident which gave rise to the allegations and her comments upon the documents served by the DBS,
- advised our client upon her position and the appropriate course to adopt to seek her removal from the Barred Lists,
- collated all supportive evidence and prepared detailed Representations in support of a review,
- liaised with all relevant parties.
The Successful Outcome
Having considered the detailed Representations meticulously compiled by the Team at KANGS, the DBS informed our client that the review had been accepted and that her name had been removed from both Barred Lists.
Naturally, our client was absolutely delighted and relieved with this highly successful outcome which allows her to return to the career which she loves.
How Can We Help You?
We have previously highlighted our work on behalf of various clients whose livelihoods have been threatened by the possibility of inclusion upon a Barred List.
We also detailed how employers, local authorities, regulatory bodies and other relevant entities can refer individuals to the DBS if they are suspected of harming or poses a risk of harm to a child or vulnerable adult.
The DBS review referrals and any additional information received, which may result in them issuing a ‘Minded to Bar’ letter. This letter invites the individual to submit Representations in response within eight weeks.
Our client's initial failure to submit detailed representations and secure removal from two barred lists herself emphasises the importance of seeking specialist advice and support from the outset.
However, as this example demonstrates, being placed on the barred list does not mean all is lost. If sufficient grounds exist, there is a chance that the DBS may agree to review the inclusion and remove an individual from the barred list.
Detailed applications require considerable knowledge and experience, like that possessed by the Team at KANGS. Should you require assistance with a DBS matter, please do not hesitate to get in touch using the contact information provided below.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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