KANGS Successfully Defended a Healthcare Professional Against DBS Barred List Inclusion
KANGS recently assisted our client, a Senior Healthcare Practitioner, in opposing a 'Minded to Bar' letter served by the Disclosure and Barring Service (DBS) following an incident at work.
Helen Holder of KANGS explains how we guided our client and achieved this successful outcome.
The Circumstances
The ‘Minded to Bar’ letter alleged that our client had placed vulnerable adults in jeopardy by allowing staff to neglect conducting adequate checks on residents whose rooms doors were closed. It further stated that our client knowingly allowed staff to falsify procedural documentation, and failing to carry the master key as required.
It was alleged that such breaches resulted in a resident, who appeared to have wandered into the garden during the night and fallen over a low-level barrier, not being discovered until the following morning, by which time medical treatment was required as the result of exposure to sub-zero temperatures.
Our client vigorously denied the allegations and provided a very detailed explanation of the alarming and unpredictable behaviour of the difficult resident, which had affected both staff and other residents.
Such behaviour included:
- chasing staff with knives,
- physically assaulting staff members,
- verbally assaulting staff members, and
- pushing over other residents.
This resulted in other residents permanently locking their doors out of concern for their own safety. The staff had indicated that they felt inadequately prepared for managing this challenging behaviour and had requested additional training, which was not provided.
Eventually, the management team concluded that this difficult resident was not suitable for the home and relocation arrangements were being pursued.
How We Assisted Our Client
In order to oppose the Minded to Bar letter, the team at KANGS immediately:
- meticulously examined and considered the documents served by the DBS,
- discussed all of the issues caused by this particular resident with our client, her position on the matter and the steps to be taken in order to oppose the application,
- prepared a comprehensive response outlining our client’s unblemished and experienced professional background, and provided detailed denials in respect of each of the allegations made,
Following the drafting of the above representations, we collated and examined all requisite documents to support our client’s explanations and submitted the Response.
The Successful Outcome
Within a month of the Disclosure Barring Service receiving the carefully compiled Response and accompanying documents prepared by our team, they notified our client that no further action would be taken against her and that she would not be included on the Barred List.
Naturally, this decision was greeted with significant relief for our client who is a single mother working towards obtaining a University Degree and seeking full qualification as a nurse.
How Can We Assist?
At KANGS, we have a proven history of successfully representing individuals whose careers are at risk due to potential inclusion on a Barred List. We have seen first-hand the anxiety caused by those receiving a Minded to Bar letter and understand the serious impact such inclusion can have on both their professional and personal life.
Our services are tailored to each client, ensuring every case is handled with meticulous attention and tailored support.
The team at KANGS is committed to securing the best possible outcomes for our clients. Our proven strategies and dedication to client success, means we have helped many clients avoid inclusion and continue their careers with confidence.
If you need guidance on a DBS matter, please reach out to us using the details below.
Tel: 0333 370 4333
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 through video conferencing or telephone.
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