The Disclosure and Barring Service (‘DBS’), run by the Home Office, is designed to assist public, private and voluntary sectors make safe decisions when seeking candidates for certain work, especially involving children or vulnerable adults, in order to ensure they are suitable for the work contemplated.
DBS provides access to criminal record information through its service for England and Wales.
Helen Holder of Kangs Solicitors comments upon the procedure.
Barring | Kangs DBS Advisory Team
- Since December 2012, DBS has maintained a barred list (‘a barred list’), for each of two categories, namely Children’s and Adults, and anyone appearing on either list will be breaking the law if they seek or offer to, or engage in regulated activity within the group from which they are barred.
There are two ways in which a person is placed on a barred list:
- Automatic Barring – a person convicted of a serious offence can be automatically included on a barred list;
- ‘Minded to Bar’ – arises where a person has been convicted or cautioned for a non- automatic barring offence or DBS has received information of a nature leading to it considering an inclusion on a barred list.
- Where DBS is ‘Minded to Bar’, it will normally send a letter to the person involved confirming that information received is being considered and which may lead to a ‘Minded to Bar’ letter being issued. This consideration may take some months.
- If DBS decides that there exist reasons for a person to be barred, they will send a ‘Minded to Bar’ letter which will contain its reasons and may include a supporting bundle of evidence.
- A person receiving such a letter is entitled to submit written representations, within eight weeks, against the proposed inclusion on a barred list before a final decision is made.
How Can We Help You? | Kangs National Criminal Defence Solicitors
Upon receipt of a ‘Minded to Bar’ letter, written representations against the proposal should be submitted as early as possible outlining the reasons for objection and enclosing such supportive documents as are available.
If we can be of assistance, please do not hesitate to contact our Team through: