Client Success | Minded to Bar Proposal Withdrawn
KANGS Solicitors has successfully opposed a proposal by the Disclosure and Barring Service (‘DBS’) to include our client on the ‘Children’s Barred List’.
A DBS Certificate, which reflects the conclusion of the DBS process, is a physical piece of paper confirming the relevant circumstances.
Barred Lists
Nature
A ‘Barred List’ is a database containing details of individuals in the UK who are prohibited from working with children (‘the Children’s Barred List’) and vulnerable adults (‘the Adult’s Barred List’), resulting from the nature of past events.
It is possible for someone to be included on both lists.
The DBS can bar a person from working in ‘regulated activity’ with children and/or adults where that person has:
- been convicted of or cautioned for certain offences, or been issued with a Risk of Sexual Harm Order and the details have been provided to DBSby the Home Office, (which is defined as ‘Autobar’).
- harmed a child or vulnerable adult or is considered to pose a risk of harm to a child or vulnerable adult.
Regulated activity.
Such activity is prescribed in the Safeguarding Vulnerable Groups Act 2006 and includes work activities such as:
- teaching, instructing, supervising, training and coaching children,
- delivering care, for example, with eating, drinking, toileting, washing, bathing or dressing,
- driving a vehicle with children/vulnerable adults,
- assisting with a person’s own affairs,
- assistance with general household matters.
Regulated activity providers in England, Wales and Northern Ireland have a legal duty to refer to DBS any situation where they have dismissed or removed an employee or volunteer working in such regulated activity, where there has arisen harm to a child/vulnerable adult, or where there exists a frisk of such harm.
Regulated activity does not include activities as part of non-commercial personal / family relationships.
Referral to DBS
There are three main routes for information being referred to DBS:
Discretionary referrals
These may be referred by any member of the public but most come from:
- employers and other regulated activity providers
- personnel suppliers
- local authorities
- health and social care trusts
- education and library boards
- professional regulatory bodies
Enhanced DBS check applications/relevant information from the Update Service
Autobars (as defined above).
In all of these cases, except autobars, DBS cannot include a person in a list unless it can be established that the person is, has been, or might in the future be, engaged in regulated activity with children and/or vulnerable adults.
‘Minded to Bar Letters’
Having assessed the referral received, which leads DBS to consider further action, it will inform the individual that it has reached a ‘minded to bar’ position and that they may be barred from working or volunteering in regulated activity.
The individual will be invited to present Representations opposing such barring.
The DBS will submit all of the information relied upon and the individual has eight weeks in which to provide representations.
which to provide representations.
Our Case in Focus
Our client had been arrested by police on suspicion of engaging in sexual communication with a child and whilst he was quickly released, with no further action by the police, twelve months later he received a ‘minded to bar letter’ from the DBS stating that it was believed he had ‘engaged’ in relevant conduct which endangered a child or was likely to endanger a child.
By way of preparing our client’s defence, the Team at Kangs Solicitors:
- considered in detail the lengthy bundle of documents which had been served, critically analysing the same,
- attended our client taking his detailed instructions including his future plans,
- advised him upon his position and the appropriate manner in which to proceed in order to protect his position,
- collated all relevant detail in support of our client’s position, prepared and served detailed Representations within the requisite period.
Within two weeks of receipt of the detailed Representations prepared by the Team at Kangs Solicitors, the DBS informed our client that no further action was going to be taken and he was not going to be included on the Children’s Barred List.
Naturally, our client was absolutely delighted with this outcome which totally vindicated his professed innocence from the outset.
How Can We Help You?
If you have received, or anticipate receiving a ‘Minded to Bar’ letter, or any suggestion that you may become exposed to investigation by DBS investigation, or any other authority, it is essential that you seek immediate experienced legal guidance.
If we can be of assistance, our Team is available via telephone 0333 370 4333 and by email info@kangssolicitors.co.uk.
We provide initial no obligation discussion at our three offices in London, Birmingham and Manchester.
Alternatively, discussions can be held virtually through live conferencing or telephone.
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