22/09/23

Delighted Client| Successful ‘Minded to Bar’ Representations |Kangs Disclosure and Barring Service (‘DBS’) Solicitors

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Kangs Solicitors has recently successfully assisted a client avoid inclusion on the Children’s and Adults Barred list.

Helen Holder of Kangs Solicitors reports on this highly satisfactory result.

Kangs Solicitors offers considerable experience gained from advising and representing clients who have challenged proposals for their inclusion on a Barred List and relevancy or accuracy of the content of the Certificate issued by the DBS (‘DBS Certificate’).

The Team at Kangs Solicitors has successfully challenged police authorities across the UK including the Metropolitan Police, Staffordshire Police and Greater Manchester Police.

For an initial no obligation discussion please contact our team at any of the offices detailed below:

What is a Barred List? | Kangs DBS Solicitors

A Barred List is a database recording details of individuals banned from working with children or vulnerable adults arising from previous misconduct or criminal offence(s). Barred Lists are intended to protect vulnerable individuals from harm caused by predatory, violent, and abusive criminals.

If a person’s name appears on one of the Barred Lists, that person is automatically disqualified from any role that involves working with vulnerable individuals.

The DBS can bar a person, from working in regulated activity with children and/or adults, who has:

  • been convicted of or cautioned for certain offences, (‘Autobar’),
  • harmed a child or vulnerable adult or is considered to pose a risk of harm to a child or vulnerable adult.

The DBS can only consider a person for inclusion in a Barred List where that person is, has been or may in the future work within regulated activity with vulnerable adults or children.

Regulated activity is defined by 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 does not include activities as part of non-commercial personal or family relationships.

Our Client’s Successful Application | Kangs ‘Minded to Bar’ Solicitors

Our client was originally arrested in January 2020 on suspicion of wilful ill treatment of her son who was taken into care.

She was further arrested in July 2020 on suspicion of section 18 wounding with intent at which time full care proceedings resulted in her two children being placed in the care of the Local Authority.

Although in November 2022 the police confirmed that the Crown Prosecution Service had declined to bring any criminal charges, in May 2023, she received a ‘Minded to Bar’ letter from the DBS which stated that it considered it may be appropriate to place her on the Barred List for children and adults.

Such an event would have inflicted serious emotional effect on our client and disastrous consequences for her future plans to study and pursue a career in Health and Social Care.

Our client always vehemently maintained her innocence and that she had neither inflicted any injury to her son nor was she aware of anyone having done so.

Our client was required to respond to the Minded to Bar letter within eight weeks and, accordingly, the Team at Kangs Solicitors immediately:

  • attended her taking detailed instructions upon her background, life events before and since her arrest, her views upon the reasoning behind the DBS action and her future plans,
  • advised upon her position and the appropriate course to adopt in the pursuit of the dismissal of the proceedings,
  • considered in detail the lengthy DBS bundle of documents, critically analysing the same and scheduling positive aspects in our client’s favour,
  • collated all supportive evidence and drafted detailed Representations based on the same and offering advice on this supporting evidence.

Having considered these detailed final Representations, submitted by the Team at Kangs Solicitors within the required eight weeks period, the DBS informed our client that she was not going to be included on the Children’s or Adults Barred List.

Naturally our client was absolutely delighted and relieved with this outcome which vindicated her total belief in her innocence.

How Can We Help You? | Kangs National Criminal Defence Solicitors

The DBS considers information received which may lead to the issue of a ‘Minded to Bar’ letter., accompanied by a bundle of the alleged evidence which they have received. As stated above, this letter invites Representations in response within eight weeks.

The law surrounding DBS Certificates is highly complex involving both European Court of Human Rights as well as domestic law.

If you wish to challenge the relevancy or accuracy of the information contained within such a Certificate, it is imperative that you choose a firm that is experienced in resolving such issues.

The Team at Kangs Solicitors offers substantial experience assisting clients oppose DBS proposals and preventing inclusion on a Barred List.

If we can be of assistance, please do not hesitate to contact our Team through:

Helen Holder

Email Helen

0121 449 9888

020 7936 6396

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