Responding to a Minded to Bar Letter

If the DBS has written to you to let you know that they have received a referral about you, make contact with us as soon as possible. Our specialists can advise you tactically about the best approach to take or make full written representations to the DBS on your behalf.

Man opening Minded to Bar letter

‘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 that challenge anything within the allegations you disagree with as well as any legal aspects that may be being proposed in error. Our specialist solicitors are well placed to support and guide you through the process – contact us at the earliest possible opportunity.

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The support we can offer if you have received a Minded to Bar Letter

If you are referred to the DBS, the relevant information provided to them will be considered before a decision is made as to whether it is appropriate to consider barring you. As a part of that process, the DBS will send you a Minded to Bar or in some cases an Intention to Bar letter. This will give you only eight weeks in which to draft and submit written representations. Failure to respond will result in you being automatically placed on the relevant Barred List(s).

It is absolutely vital that you engage with this process as soon as possible, as being placed on one of the Barred Lists is for life and can end careers. Once you are included on a Barred List, the only possibilities of being removed are either through an appeal within three months of the decision or by requesting a review retrospectively, which is only possible under certain circumstances – visit our DBS appeals page for more information.

It is essential that representations are submitted in response to the original Minded to Bar letter within eight weeks of receiving it. There are also specific criteria that need to be met in any response.

Our expert solicitors can draft and submit the required representations on your behalf to explain to the DBS why it is inappropriate or disproportionate for them to include you on one or both Barred Lists.

Depending on the level of advice and assistance you require, we offer two services:

  • Using our Initial Advice Service, we will advise and guide you on how to respond to a Minded to Bar letter yourself, using the best format and our advice on the right strategy.
  • Opting for our Full Conduct Service, we will take control of everything, using our expertise and experience to prepare compelling, written representations and submit them to the DBS on your behalf.

In either event, the relatively short deadline means acting sooner rather than later is the best course of action.

Due to the time sensitivity involved, we recommend that you get in touch today and discuss your case.

A flavour of what we do and how well we do it

Headed up by DBS specialist, Mark Hopwell, we are an experienced team with the necessary expertise to support you in responding to the DBS.

Nationwide, just over 5% of barring cases result in a No Further Action decision; by contrast, almost 70% of our clients receive No Further Action decisions and have not been placed on any barred list.

Examples of the people we have successfully helped are outlined below.

  • Nursery Practitioner successfully not included on the Children’s Barred List
  • Support Worker successfully not included on the Children’s and Vulnerable Adults Barred Lists
  • Teacher successfully not included on the Children’s Barred List
  • Care Assistant successfully not included on the Vulnerable Adults Barred List
  • Pastor Intention to Bar matter successfully not included on the Lists
  • Nursery Worker successfully not included on the Children’s Barred List
  • Teaching Assistant successfully not included on the Children’s Barred List
  • Volunteer with children Intention to Bar matter successfully not included on the Lists
  • Gym Instructor successfully not included on the Children’s Barred List
  • Registered Nurse successfully not included on the Vulnerable Adults Barred List
  • Adoptive parents successfully not included on the Children’s Barred List
  • Sports Coach successfully not included on the Children’s Barred List
  • Care Worker successfully not included on the Vulnerable Adults Barred List
  • University Student successfully not included on the Children’s Barred List
  • Adventure Instructor successfully not included on the Children’s Barred List
  • 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
  • Doctor successfully not included on the Vulnerable Adults Barred List
  • 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
  • Midday Assistant successfully not included on the Children’s Barred List
  • Health Care Worker successfully not included on the Children’s and Vulnerable Adults Barred Lists
  • APPEAL – Care Assistant successfully removed from the Vulnerable Adults Barred List
  • Swimming Teacher successfully not included on the Children’s Barred List
  • Team Leader successfully not included on the Vulnerable Adults Barred List
  • Residential Care Worker successfully not included on the Children’s and Vulnerable Adults Barred Lists
  • Social Care Worker successfully not included on the Children’s and Vulnerable Adults Barred Lists
  • Successfully stopped disclosure of information on DBS certificate
  • Quality Assurance Manager successfully not included on the Children’s and Vulnerable Adults Barred Lists
  • Caution for indecent images – successfully not included on the Children’s Barred List following an application to make Late Representations
  • Coach successfully not included on the Children’s Barred List
  • Learning Support Assistant not included on the Children’s Barred List
  • Senior Healthcare Assistant not included on the Vulnerable Adults Barred Lists
  • Healthcare Support Worker successfully not included on the Children’s and Vulnerable Adults Barred Lists
  • Training Manager successfully not included on the Vulnerable Adults Barred List
  • Taxi Driver successfully removed from the Children’s Barred List
  • Workforce Driver successfully not included on the Children’s Barred List
  • Youth Engagement Officer successfully not included on the Children’s Barred List
  • Health Care Facilitator successfully not included on the Children’s and Vulnerable Adults Barred Lists following an application to make Late Representations
  • Nurse successfully not included on the Vulnerable Adults Barred List
  • Club Leader successfully not included on the Children’s Barred List
  • Learning Support Assistant successfully not included on the Children’s Barred List
  • Family Support Worker successfully not included on the Children’s and Vulnerable Adults Barred Lists
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‘Autobar’ offences: Intention to Bar letters

There are a number of specific criminal offences that can lead to someone being automatically placed on the Barred Lists. These tend to be the most serious sexual or children related offences.

If this applies to you, the DBS may simply inform you that you have automatically been placed on the lists, or they may issue you with an ‘Intention to Bar’ letter. This is very similar to a Minded to Bar letter but is clearly more serious. You will be entitled to make a response to try to avoid being barred, but the threshold to meet is much higher.

Automatic barring cannot be appealed in the normal way, but could be reviewed after the minimum period has expired. If you are barred after the Intention to Bar process has concluded, then an appeal or review is possible as normal.

Should you receive an Intention to Bar letter, you must contact us immediately as there is a deadline to meet to submit representations. Our DBS team are experts in dealing with autobar cases.

Specialist solicitors

Our multidisciplinary team is made up of specialists in a wide range of services, which means you'll always be represented by an expert in your area.

No-strings initial call

Get in touch to arrange a no-obligation, fully confidential call to discuss your case and work out if you want to continue.

Nationwide support

Speak to solicitors in one of our offices throughout England and Wales, or arrange calls and remote meetings.

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Avoiding the DBS barred lists

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Why you need proper legal advice and assistance with a Minded to Bar matter

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DBS Minded to Bar Proceedings

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