Team Leader in care home successfully removed from both DBS Children’s and Vulnerable Adult’s Barred Lists
Mark Hopwell was contacted to assist a Team Leader who had recently been placed on both barring lists. Reversing a negative barring decision can only be done through an appeal or a review, each with specific criteria. After considering the position in this case, Mark advised that a review was the best approach.
Background:
The Team Leader had previously received a Minded to Bar letter from the DBS and responded to it herself without taking any advice. Unfortunately, the response had not included the right information that would have secured her a successful outcome at this stage.
Our Approach:
Initially, the Team Leader engaged Mark to consider all the DBS documents and her original response, to enable him to properly advise on the best approach. Having determined that the original response had not contained the correct information to counter the allegations and evidence contained within the Minded to Bar bundle, the Team Leader engaged Mark to prepare proper representations.
Mark took full instructions from the Team Leader in a conference and then drafted a full and detailed set of representations, which were submitted to the DBS in compliance with the review criteria.
The allegations came from certain members of staff regarding the conduct of the Team Leader towards the residents. A change of Care Home Manager had resulted in a campaign to drive out long-standing members of staff who she did not like. New members of staff were used to make the false allegations. The weight of the evidence in these statements was substantial.
Mark was able to challenge the statements and the false and often malicious or disingenuous facts they contained, by highlighting the discrepancies and linking them to the concerted efforts of the Care Home Manager. The resulting 22-page representations document, was a clear and persuasive argument written in plain English, that the DBS were able to follow and understand.
Outcome:
A review is made back to the DBS requesting that they revisit their original decision. The DBS will not consider a review unless the correct grounds for the application are met; only then is the review considered on its merits. Our response passed both tests, and the Team Leader was successfully removed from both lists.
The client was delighted to have got the career back that she loved. It was a shame that she had not sought advice and assistance from Mark when she first got the Minded to Bar letter, as the barring could have been avoided completely. Fortunately, he was able to rectify the situation.
If you need assistance responding to a Minded to Bar letter, reach out to our team of expert DBS solicitors today.
