No Further Action: What Does It Mean?

Receiving a No Further Action letter can be a relief, but it doesn’t necessarily mean the matter is closed. Many people are surprised to learn that the implications of a No Further Action decision can be far-reaching. 

In this guide, specialist DBS solicitor Mark Hopwell will explain what a No Further Action decision means, what it could lead to, and what steps you might need to take next.

If you’re interested in one particular section, use the links below to navigate straight to it:

• What does ‘No Further Action’ mean?
• Reasons for ‘No Further Action’
• Does ‘No Further Action’ mean not guilty?
• Is ‘No Further Action’ a criminal record?
• How long does ‘No Further Action’ stay on record in the UK?
• What happens after a ‘No Further Action’ decision?
• The implications of ‘No Further Action’ decisions
• Can a ‘No Further Action’ case be reopened?
• How we can help

Concerned about how to address or remove information related to a No Further Action decision? Contact our DBS solicitors today.

What does ‘No Further Action’ mean?

No Further Action, or NFA, means that the police or the Crown Prosecution Service (CPS) have closed their investigation into you without bringing any formal criminal charges.

This outcome is one of the most common ways an investigation ends. It usually occurs because the authorities have determined there is insufficient evidence for a conviction or prosecuting you is not in the public interest.

You will normally be notified of this outcome by way of an official CPS No Further Action letter.

Reasons for ‘No Further Action’

There’s a range of reasons the police might not have continued the investigation. For example:

• If the suspect is under 18, they may have been diverted from the formal criminal justice system, following a discussion with the Youth Offending Team.
• The police have decided that you probably didn’t commit the offence.
• The police may have decided that there wasn’t enough evidence to proceed with the investigation.

A written notice will be provided to the suspect or their solicitor to inform them of the decision to close the investigation.

Does ‘No Further Action’ mean not guilty?

No. A No Further Action decision is not a finding of guilt or innocence. It simply means that the authorities have decided not to proceed with charges based on the lack of evidence available at the time, or it is not in the public interest to prosecute you.

On the other hand, a ‘not guilty’ verdict is a judicial outcome following a trial and reflects that it was not proven that you had committed the offence. Once you are found ‘not guilty’, the case is formally concluded, and you cannot usually be retried for that offence.

False allegations and ‘No Further Action’

A ‘No Further Action’ decision means the case will not proceed, but it does not always fully clear your name or remove records immediately. False allegations can continue to affect your reputation and future opportunities.

Legal advice can help you understand how to challenge these records and seek their removal from arrest and biometric databases. If you have received an NFA following false allegations, contacting a solicitor can help you take the appropriate steps to protect your record and move forward.

Is ‘No Further Action’ a criminal record?

No. A No Further Action outcome is not a criminal record.

You will not normally be required to disclose a No Further Action when asked about convictions or cautions. A criminal record is only created where an individual has been convicted of an offence at court or accepted a police caution.

However, it is important to note that No Further Action outcomes do not mean the matter disappears from police systems. Information that is gathered during an investigation may still be retained on police databases and may still appear on an enhanced DBS check, be accessed for safeguarding decisions and professional suitability assessments, depending on the circumstances.

We’ll touch on this later in the blog.

Is ‘No Further Action’ a caution?

A No Further Action decision is distinct from a caution. A police caution is a formal warning given for admitting to a minor offence, and it is recorded on criminal records, appearing on both standard and enhanced DBS checks. 

However, a No Further Action decision indicates that no charges are being pursued and does not imply any admission of guilt. As such, a No Further Action does not appear on DBS checks in the same manner as a caution.

How long does ‘No Further Action’ stay on record in the UK?

There is no simple expiry date for a No Further Action outcome.

Even though No Further Action is being taken against you, information gathered during the investigation can still be kept on police systems. Different types of information are stored in different places, and each has its own retention rules.

This means that NFA information can remain on the system for a long time unless steps are taken to have it deleted. This doesn’t mean the police think you are guilty; it is simply about keeping information for intelligence and safeguarding purposes.

In some situations, it is possible to apply to have the arrest record, fingerprints, DNS and related information removed. Whether this is appropriate depends on the circumstances of the case.

We can explain what information is likely to be held about you and advise whether asking for it be removed is a realistic option. Reach out to our team today for more information on how we can help you.

What happens after a ‘No Further Action’ decision?

Once a No Further Action decision is made, no charges will be brought, bail conditions will cease, and you are free from criminal proceedings.

You will also receive an official notification letter. This investigation outcome letter will confirm that the authorities have decided not to proceed with charges and the reason for such a decision.

How long does it take to receive a ‘No Further Action’ letter?

The time it takes to get a Crown Prosecution Service (CPS) No Further Action letter will depend on how long it takes for the police to carry out an investigation. Unfortunately, there is no definitive answer to this question, nor is there a time limit, as you can be ‘released under investigation’ for an indefinite period of time.

That being said, there are several factors which could influence the time it takes for the police to conclude an investigation. These include:

• The complexity of the case – cases involving complex evidence, such as financial crimes or extensive forensic work, generally take longer. Detailed evidence requires more time for the police to gather and evaluate.
• Involvement of the CPS – if the Crown Prosecution Service (CPS) needs to review the case, this can delay the outcome. The CPS assesses whether there is enough evidence to charge.
• The type of offence – less severe, summary offences, usually leads to quicker decisions. More serious ‘either way’ and indictable offences involve additional legal reviews, potentially extending the process.
• The capacity of the police and/or CPS – delays can occur if the police or CPS have limited resources or high caseloads. Their capacity to handle investigations affects the decision timeline.

Receiving a CPS No Further Action letter can be a relief, especially if you were under investigation for a serious offence. However, you should be aware that this doesn’t necessarily mean the matter is entirely closed.

The implications of ‘No Further Action’ decisions

A ‘no further action’ decision can have a significant and lasting impact on your reputation. Public perception can be shaped by the allegations, regardless of the outcome of the case. This can create challenges in various aspects of life, especially if the allegations are false and you have a strong alibi.

Could I face professional or personal consequences?

Employers and professional bodies often have their own standards of conduct. A No Further Action decision doesn’t prevent internal investigations or disciplinary actions, particularly in regulated roles involving positions of trust, vulnerable adults or children.

Information relating to No Further Action information may also be considered for DBS barring in certain cases. Barring is a safeguarding measure that is used to prevent individuals from working with children and vulnerable adults where there are concerns about risk. These decisions are not based on criminal convictions or cautions alone and can take into account allegations that resulted in No Further Action.

Beyond employment and regulatory issues, travel plans might be affected. Many countries have strict immigration rules that consider arrest history, which can hinder your ability to visit or live abroad.

Getting early advice can help you understand these risks and take steps to reduce or prevent their impact, where possible.

Does ‘No Further Action’ show on a DBS check?

If you have been arrested but No Further Action was taken, this will not show up on a basic or standard DBS (Disclosure and Barring Service) check.

Basic DBS checks reveal any unspent convictions, while standard DBS checks include spent and unspent convictions as well as cautions. Since an NFA decision does not involve a conviction or caution, it does not show up on these checks.

Does ‘No Further Action’ show on an enhanced DBS check?

Enhanced DBS checks are more comprehensive and can include additional information that is deemed relevant to the role being applied for, including investigations that conclude with No Further Action. This happens if the information is believed to be relevant to the job role and necessary for safeguarding vulnerable people.

This can occur even when the allegation was unproven, the complaint was withdrawn or there is insufficient evidence. A decision to disclose NFA details is based on a risk assessment, not proof that the allegation was true.

It is quite common for NFA details to be included on an enhanced DBS certificate. If this occurs, and you believe the information should not have been disclosed, we can assist with raising a dispute with the DBS to remove it.

Can a ‘No Further Action’ case be reopened?

Yes, a No Further Action decision does not permanently close the case. Even if you’ve been told No Further Action is being taken, there’s still a possibility that the investigation could be re-opened in light of any new evidence.

The ability to reopen a case depends on various factors, including the type of offence and the specifics of the case. It is also possible that under the Victims Right to Review Scheme a complainant can request that the decision to proceed with No Further Action be reviewed, potentially leading to a charge.

Ultimately, in most cases, No Further Action will likely mean you will not be charged. However, you should be aware of the fact that it does not bar the prosecution from proceeding with a case.

How we can help

Being told that your case has ended with No Further Action can be a relief, but for many people it also raises new questions and concerns. It can be overwhelming to learn that an investigation which went no further can still affect your career, reputation and future opportunities.

Our team of experts is here to guide you at every stage, whether you’re in the midst of a criminal investigation, want to prevent future problems, or are already dealing with the consequences of disclosure.

We work early in cases to influence outcomes by securing evidence and identifying weaknesses before charges are made. Our specialists prepare strong representations to challenge prosecutions that don’t meet the Full Code Test, gathering independent evidence to support your case.

If you’ve already received an NFA, we can advise and assist with record deletion to reduce the risk of future problems.

We can also advise you on how to manage and minimise the ongoing impact of NFA information, including challenging unfair or disproportionate disclosures on Enhanced DBS checks and making representations to prevent disclosure where appropriate.

If you’re facing challenges due to a No Further Action decision, don’t hesitate to contact our expert team of DBS solicitors for a free consultation. We can assess your situation and recommend the best course of action.