Our DBS lawyers assist anyone who is being considered for being placed on a Barred List, who want to challenge the information placed on a DBS certificate, or who need to appeal or review a previous decision made by the DBS.
How we can help
Headed up by leading DBS solicitor Mark Hopwell, our team are experts in the following range of services:
- Assistance with responding to a Minded to Bar letter.
- Making a DBS appeal to request your removal from a Barred List within three months of the decision date.
- Asking the DBS to review a previous decision to bar after three months have elapsed since you received the decision letter.
- DBS disputes relating to information included on a DBS certificate.
- Making written representations to the Chief Officer.
- Support with the removal of police cautions and other information held on your record such as arrests records, no further action (NFA) allegations and non-conviction outcomes.
If you need assistance with these issues or any other matters relating to DBS, get in touch today.
Minded to Bar DBS letter
If the DBS has written to you to let you know that they have received a referral about you, we advise you to contact us as soon as possible. Our specialists can advise you tactically about the best approach to take and when we should make written representations to the DBS about your position.
Minded to Bar letters are often drafted very bluntly and contain only the worst aspects regarding the allegations about you. They will also contain the bundle of documents they are proposing to take into consideration.
You will only be given eight weeks to respond to the DBS with your representations, or you will automatically be placed on the suggested Barred List(s). It is highly advisable to make robust and clear written representations to challenge anything within the allegations you disagree with and any legal aspects that may be being proposed in error.
Richard Nelson LLP’s DBS solicitors are experts at drafting legal representations to explain to the DBS why it is inappropriate or disproportionate for them to include you on one or both Barred Lists. Visit our page on Responding to a Minded to Bar Letter for more information.
Reviews of inclusion on a Barred List
Under certain circumstances we can ask the DBS to review their original decision to place you on any of the Barred Lists. There are two possible routes available to you.
Firstly, after the minimum period has elapsed since the original decision to bar was made, we can submit a request for a review. This review is not automatic – we must successfully persuade the DBS to review their decision based on how your circumstances have changed.
Secondly, under certain circumstances, you may be able to ask for a review even if the minimum period has not yet expired. This is only possible in cases where there is new or important evidence the DBS did not have at the time they made their original decision.
Our team can give you full advice about a potential review of your inclusion on a Barred List.
Disputing information on a DBS certificate
Anybody who applies for a role in a regulated sector, involving children or vulnerable adults, will need to apply for an Enhanced DBS (EDBS).
Cautions and convictions will be included but there is also a section within the EDBS certificate where ‘Other Information’ deemed to be relevant to the application may be included.
In many cases the information being disclosed can be very damaging, or partially or completely inaccurate. We specialise in advising on and drafting disputes to have the information amended or removed.
Visit our DBS disputes page for further information.
Written representations to prevent disclosure on a DBS certificate
In some circumstances, the Chief Officer will write to you allowing representations to be made to prevent specific ‘Other Information’ being disclosed. There is only a short time to make these representations and only very specific criteria that will stop the information being disclosed.
It goes without saying that most disclosures are damaging to someone’s prospects of securing the position they are applying for, so preventing the disclosure can be vital.
It is important that you contact us as soon as you receive the letter so we can advise on your case and draft representations on your behalf before the deadline. If you need more information, see our DBS disputes page.
A sample of our recent DBS successes
Below is a small sample of our recent successful DBS cases taken from the last year. For a full list, see our Minded to Bar page.
- Student Nurse successfully not included on the Children’s Barred List
- Unit Manager RGN successfully not included on the Children’s and Vulnerable Adults Barred Lists
- Successfully argued case outside DBS jurisdiction and so successfully not included on the Children’s and Vulnerable Adults Barred Lists
- Care Assistant successfully not included on the Children’s Barred List
- Doctor successfully not included on the Vulnerable Adults Barred List
- Care Home Manager successfully not included on the Children’s and Vulnerable Adults Barred Lists
- Child Minder successfully not included on the Children’s Barred List
- Family Support Worker Manager successfully not included on the Children’s and Vulnerable Adults Barred Lists
- Cover Supervisor successfully not included on the Children’s and Vulnerable Adults Barred Lists
- Health Care Worker successfully not included on the Children’s and Vulnerable Adults Barred Lists
Speak to our team today
Whether you need support with responding to a Minded to Bar letter, appealing a decision to bar, disputing a DBS check, or removing a police caution from your record, our industry-leading team of specialist DBS lawyers is on hand to help.
Get in touch today.
Our DBS lawyers' specialisms and other related services
Responding to a Minded to Bar Letter
If the DBS has sent you a Minded to Bar letter regarding a referral about you, contact us as soon as possible for specialist support on how to respond.
DBS Appeal Solicitors
Our specialist solicitors can support you with submitting a DBS appeal or requesting a review of a decision to place you on a Barred List. Learn more here.
We can help you dispute inaccurate or potentially damaging information on a DBS certificate (or prevent disclosure prior to a check). Find out more and enquire here.
Removal of Police Cautions
Our team includes one of the few police caution removal specialists in the country, which allows us to provide an effective, high quality service and expert advice.
Businesses regularly come under scrutiny from regulators and government departments, such as the Health and Safety Executive and Environment Agency. When that happens, reach out to our regulatory solicitors to discuss all areas of business defence.
Our expert criminal defence services include nationwide representation during police interviews and court hearings. Contact us today to discuss how we can help you.
Your expertise and intelligence gave me the confidence to fight once more when I truly had given up with taking on an institution such as the DBS, after everything else I had been through. You have truly changed my life. I could not recommend you highly enough. I wish you... all the luck and success in defending others out there who feel there is no one in their corner.Read more
Stay in touch with Richard Nelson LLP.
Submitting your own DBS representations
Avoiding the DBS barred lists
Understanding Your Criminal Record
Contact our legal advice specialists today.
Are you interested in DBS Services?
Use the form on the right to get in touch with our team and arrange an initial call to discuss your situation. We will use this no-obligation, fully confidential initial call to learn more about your case and help you understand your options going forward.
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