What is the Disclosure and Barring Service (DBS) barred list?
The Disclosure and Barring Service (DBS) Barred List is a crucial tool used to protect vulnerable groups, such as children and vulnerable adults, from individuals deemed unfit to work with them. The DBS maintains two barred lists – one for individuals barred from working with children and another for those barred from working with vulnerable adults. If you receive a notification that the DBS is considering placing you on a barred list, B P Collins’ criminal team advises you to seek expert legal advice immediately.
Types of DBS Barred Lists
Children’s Barred List: This list includes individuals prohibited from working in roles involving regular contact with children.
Adults’ Barred List: This list includes individuals banned from working with vulnerable adults.
The DBS has managed these lists since 2012, and being on a barred list means it’s illegal for you to work in regulated activities involving the group from which you are barred. Similarly, employers are breaking the law if they knowingly hire someone on a barred list.
Criteria for inclusion on a DBS Barred List
The DBS can only place an individual on a barred list if they can prove that the person is currently engaged in, has previously engaged in, or may in the future engage in regulated activities with children and/or vulnerable adults.
How to know if you’re at risk of being barred
The DBS will notify you in writing if you are under consideration for inclusion on a barred list. There are two types of notifications:
Notification of inclusion in a Barred List: Certain serious offences result in automatic inclusion in a barred list, with no opportunity for appeal or representation due to the severity of the offence.
Notification of ‘Minded to Bar’: If you are convicted of specific offences or if the DBS receives concerning information about you, they may consider placing you on a barred list. You will be given an opportunity to make representations to explain why you should not be barred.
Reasons the DBS might consider barring you
There are three primary reasons why the DBS might consider adding you to a barred list:
Discretionary referrals: Employers must refer an individual to the DBS if they were dismissed because they harmed someone, were removed from regulated activity due to potential harm, or were planning to dismiss them for these reasons, but they resigned first.
Enhanced DBS check application: An enhanced DBS check might reveal information from the police that prompts the DBS to consider placing you on a barred list.
Autobars: Convictions for certain offences result in automatic inclusion on a barred list, while other offences lead to further consideration.
Should you make representations to the DBS?
Absolutely. Being added to a DBS barred list can have severe consequences, including losing your job and being barred from volunteering roles. The decision to bar you depends on the perceived risk you pose and whether it is deemed appropriate for you to be included on the list.
Failure to make representations could increase the likelihood of being added to a barred list. It is critical to seek legal advice from us as soon as you receive a “Minded to Bar” letter. Our team can help you prepare and submit written representations to the DBS on your behalf.
Timeframes for Making Representations
The notification letter from the DBS will include a deadline for submitting your representations, typically within eight weeks. If you need more time, you can request an extension, and we can handle this process for you.
Understanding DBS checks
The Disclosure and Barring Service (DBS) replaced the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA). DBS Certificates are essential for employers conducting background checks on potential employees. There are several types of DBS checks:
Basic DBS Certificate: This basic check includes details of any convictions and conditional cautions considered ‘unspent’ under the Rehabilitation of Offenders Act 1974.
Standard DBS Certificate: This check includes spent and unspent convictions, cautions (unless filtered), reprimands, and final warnings.
Enhanced DBS Certificate: In addition to the above, this check includes any relevant information held by the police.
Enhanced DBS Certificate with Barred List checks: This includes a list of individuals deemed unsuitable to work with children and/or vulnerable adults.
Can you appeal a mistake on your DBS Check Certificate?
Mistakes on your DBS Check Certificate can have significant consequences on your employment prospects. Our expert solicitors can help you appeal any errors on your DBS certificate and ensure that inaccuracies are corrected promptly.
Is it possible to prevent an entry on a DBS Check Certificate?
Previous cautions or convictions can hinder your employment opportunities, career progression, education, travel, and more. Our experienced lawyers can help you apply to have certain cautions or convictions removed from your DBS Check Certificate, depending on your circumstances. We can also assist in removing other information, such as details of arrests or acquittals, that may still appear on your certificate.
Enhanced DBS Checks – disclosure of third party information
In certain situations, third-party information may be disclosed during an Enhanced DBS Check. The Quality Assurance Framework (QAF) is used to process, consider and disclose police information for these checks.
To learn more about how we can assist if the police are considering disclosing information about third parties on your Enhanced DBS Check please contact B P Collins’ criminal team at email enquiries@bpcollins.co.uk or call 01753 889995.
