If information that has been disclosed on a DBS certificate is incorrect, protected or potentially damaging, our specialist solicitors can assist you with drafting a DBS dispute. We are also well placed to support you with making representations to prevent disclosure of information in the first instance.
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 any ‘Other Information’ deemed to be relevant to the application may be included. (For example, an allegation of unlawful behaviour, a police investigation which resulted in no further action being taken at the time, or even information relating to the behaviour of close family members).
In many cases the information being disclosed can be very damaging, or partially or completely inaccurate. We specialise in advising on and drafting DBS disputes to have the information amended or removed.
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The DBS dispute process
When raising a dispute against information included on a DBS certificate, the issue must be reported within three months of the date stated on the certificate.
If the nature of the DBS dispute is simply a factual error, then this can often be resolved very quickly using the appropriate dispute form. However, Other Information is often disclosed as a lengthy narrative that is either partially or wholly inaccurate. This requires additional written grounds of dispute to be submitted to amend or remove the inclusion of that information.
Our specialist DBS dispute solicitors can draft and submit additional grounds of dispute making a persuasive case for the amendment or exclusion of information from your DBS certificate.
How long does a DBS dispute take?
If a job opportunity is waiting then disputing the information to have it removed or amended is vital. Once a dispute is lodged a response should be obtained within 21 days, and if successful a new certificate issued with the information amended or removed.
If the dispute is not accepted, the decision goes to the Independent Monitor who will do a further assessment of the refusal and may reverse that decision. However, this can add several more weeks to the process, so it is vital to act quickly with the initial dispute. Speak to our lawyers today.
You can also see our guide on understanding your criminal record to learn more about disputing information on DBS certificates and what information is held about you.
Responding to an ‘Offer to Make Representations’ letter to prevent disclosure
In some circumstances, the Chief Officer of the relevant police force will write to you before disclosing ‘Other Information’ on a DBS certificate. This allows you to make representations as to why that information should not be disclosed. You are given only two weeks to respond so urgency is paramount. Failure to respond, or not making the right response will result in the information being disclosed.
It goes without saying that all such disclosures are damaging to the prospects of securing the position you are applying for, so preventing the disclosure is 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. Get in touch today.
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Understanding Your Criminal Record
DBS Investigations Frequently Asked Questions
How to get a police caution removed
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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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