Success Responding to a Minded to Bar Letter
Our client, a Support Worker in the Care Sector, received a ‘Minded to Bar’ letter from the Disclosure and Barring Service (DBS). The letter indicated that the DBS was considering our client’s inclusion on the Adults’ Barred List, which would preclude our client from engaging in regulated activity with vulnerable adults and, consequently, from continuing in a profession our client has worked in for many years.
The Circumstances
The ‘Minded to Bar’ letter relied upon four incidents in 2024 when our client was alleged to have:
- accompanied a service user to their personal residence on four occasions during which our clients’ travel costs were paid for by that user.
- failed to accurately record these home visits and other activities in the service user’s daily notes, omitting pertinent details such as the payments made to cover bus and taxi journeys.
- exposed the service user to financial harm by receiving such travel costs and also emotional harm arising from the breach of professional boundaries.
- demonstrated an insufficient understanding of required professional responsibilities why the actions complained of were inappropriate.
How We Assisted Our Client
In order to assist our client comply with the specified deadline to respond, the team at KANGS immediately:
- attended our client discussing in detail the events complained of, all relevant historical background and advised upon the appropriate manner to adopt to seek the withdrawal of the Minded to Bar letter,
- collated all relevant documentation and supportive Character References,
- prepared and submitted comprehensive Written Representations to the DBS, which emphasised our clients’ decade of exemplary and unblemished service within the Care Sector, and the fact that this was the first complaint ever made against our client.
The Successful Outcome
After careful consideration of the detailed Written Representations prepared and compiled by the team at KANGS, the DBS confirmed that no further action would be taken. Our client would not be included on the Adults’ Barred List, and the matter was now closed.
Accordingly, our client can now continue working in Regulated Activity as a mental health nurse, freed of all of the worry and stress caused by the service of the Minded to Bar letter.
Our client stated:
“I would like to express my heartfelt gratitude for the exceptional support provided during my issues with the DBS. I am truly grateful for everything, I couldn’t have asked for a better lawyer.”
How Can We Assist?
The DBS maintains the Adults' and Children's Barred List, and determines after careful consideration, whether an individual should be included on one or both lists, thereby preventing them from engaging in regulated activities and with vulnerable groups.
KANGS has a proven history of successfully representing clients whose careers are at risk due to potential inclusion on a Barred List. Our team is only too aware of the serious impact such inclusion can have on a person’s professional, business and personal life.
The team at KANGS is committed to securing the best possible outcome for each and every client. 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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