Why you need proper legal advice and assistance with a Minded to Bar matter
If you have received a Minded to Bar letter from the DBS then you have only 8 weeks to respond with full written representations regarding your defence to the allegations within that letter. The DBS rarely allow extensions for extra time unless the circumstances are exceptional. If you do not respond, the DBS will automatically bar you.
The practical and legal considerations the DBS will take in deciding whether to place someone on the Barring Lists is not intuitive. It is much more than just innocence or guilt regarding the allegations. Most homemade responses to the DBS fail because the content was inadequate or missed the right points and therefore the DBS decided on the matter without the correct information before them. It is therefore vital to understand and include everything that will assist the DBS to come to the right decision about your case.
Appealing a bad decision after inadequate representations have been submitted is very difficult because the DBS can argue they considered everything put before them. An appeal is also much more expensive than doing it right the first time and can take many months, if not years, to be decided.
Anyone placed on the Barring Lists is effectively there for life. A review is allowed after a minimum period of 10 years for adults, but removal is not automatic. It must be proven that the initial risk the DBS found no longer exists. After 10 years, most professionals will have lost their careers anyway.
We offer two services to try to give our clients the best chance possible at not being placed on the Barring Lists. The first is to provide solid and practical advice about your case and how to draft your own representations to the DBS that ensure you meet all the requirements necessary. We call this our Initial Advice Service. We can also review your representations before you submit them and offer further suggestions to perfect them if required.
Alternatively, we can undertake all the work required to prepare, draft and submit your representations and supporting documents for you under our Full Conduct Service. This option brings with it the full benefit of all our knowledge and expertise to produce the best possible representations and a properly compiled supporting bundle of evidence to defend your case.
Our success rate with both services is second to none. Our processes and services are unique to us and have been developed through combining different complementary disciplines that go into creating the most comprehensive representations to meet every requirement of the DBS decision-making process. Our team bring expertise from backgrounds in crime, professional discipline and regulatory law, that covers every type of legal and factual circumstance that may arise.
The deadline afforded to respond to a Minded to Bar can be very short when considering the amount of preparation and work that needs to be covered by us, or you depending on the service you chose. It is therefore vital to contact us and speak to our DBS solicitors as soon as you get the Minded to Bar letter.