Responding to a ‘Minded to Bar’ Letter | A Successful Outcome
If you receive a letter from the Disclosure and Barring Service (DBS) informing you of a referral or a Minded to Bar letter, it is important that you immediately obtain legal advice to help you understand your position and support you in responding effectively.
The letter typically specifies a response time, which is usually set at the standard period of eight weeks. Failure to respond will result in you being automatically added to the ‘Barred Lists.’ Being included on a Barred List can have serious consequences, both personally and professionally. The number of applications seeking to include individuals on one of the various Barred Lists appear to be increasing.
In previous articles, we have explored the purpose and nature of Certificates issued by the DBS. In this article, Helen Holder of KANGS explains how we guided our client, a Senior Support Worker, to oppose a Minded to Bar letter and secure a successful outcome.
The Allegations Against Our Client
The Minded to Bar Letter issued by the DBS set out a number of allegations. These included the repeated use of derogatory language, unjustified attempts to restrict an individual’s food choices, and actions said to undermine an individual’s dignity, including attempts to restrict access to toilet facilities.
It was further alleged that she did not engage appropriately with a particular individual, failed to provide consistent care, and created a hostile working environment through behaviour that could be considered as bullying.
How We Assisted Our Client
In order to prepare our client’s response to the Minded to Bar letter, the team at KANGS, carefully reviewed and considered the served documents. We met with our client to discuss the allegation in detail, including her explanation in response to each claim and all pertinent surrounding circumstances.
We collated all evidential documentation supporting our client’s position and prepared comprehensive Written Representations, together with a supporting evidential bundle, outlining our client's explanations which were served on the DBS,
Throughout the process, we continued to advise our client as the matter progressed. Having received our client’s Written Representations, the DBS asked her to obtain written confirmation from her current manager that, as declared in her Representations, she had disclosed the allegations to her new employer when at the time she sought employment.
The suspicion was that the DBS sought to undermine our client’s integrity if it was discovered that such disclosure had not been made. However, our clients’ new manager confirmed that she had been informed of the ongoing allegations and happily provided written confirmation of this to the DBS.
The Successful Outcome
Within four working days of the new employer’s confirmation being submitted to the DBS, our client was informed that the decision had been made not to add her name to the Barred List.
Naturally, our client was delighted and greatly relieved at this outcome. She expressed sincere appreciation for the thorough and detailed preparatory work and support provided by the KANGS team throughout the process.
The allegations made against our client had caused significant stress and worry about her future. She is now able to move forward with renewed confidence in her role caring for the welfare of others.
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.
If you need guidance on a DBS matter, please contact us. 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.
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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