13/05/24

Delighted & Relieved Client | Successful ‘Minded to Bar’ Representations

Delighted & Relieved Client | Successful ‘Minded to Bar’ Representations
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The Disclosure and Barring Service (DBS) is a UK government agency responsible for processing requests for criminal records checks, of those who work with vulnerable groups such as children and adults at risk. The DBS Certificate is the document issued by the DBS after conducting a background check on an individual, detailing any relevant criminal convictions, cautions, reprimands, or warnings they may have.

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

KANGS successfully assisted a client avoid inclusion on the Children’s and Adults Barred list. Helen Holder of KANGS reports on a particular case with a highly satisfactory result.

What is a Barred List?

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 or volunteering with children and / or vulnerable adults.
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

The DBS sent our client a ‘Minded to Bar’ letter indicating that it was considering placing him on the Children’s and / or the Adults’ Barred list. Our client, a Residential Care Worker, was subjected to an internal disciplinary investigation by her his previous employers who referred the issue to the DBS.

It was alleged that our client had:

  • participated in a ‘WhatsApp’ group with his fellow employees where communications contained abusive, offensive, sexualised, and derogatory comments,
  • engaged in unacceptable behaviour in the workplace,
  • failed to follow his employer’s safeguarding, whistle blowing and professional conduct policies.

Our client was required to respond to the ‘Minded to Bar’ letter, and the accompanying DBS bundle of documents, within eight weeks and, accordingly, the Team at KANGS immediately:

  • considered in detail the lengthy DBS bundle of documents, critically analysing the same and scheduling positive aspects in our client’s favour,
  • attended upon him taking detailed instructions upon his background, training, employment history and comments upon the allegations within the DBS bundle,
  • advised upon his position and the appropriate course to adopt in the pursuit of the dismissal of the proceedings,
  • collated all supportive evidence and prepared and submitted detailed Representations clearly setting out our client’s stance and protestations to the allegations and offering advice on this supporting evidence.

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

Naturally, our client was absolutely delighted and relieved with this outcome which allows him to pursue his vocation and continue to work and / or volunteer in regulated activity with children and adults.

How Can We Help You?

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.

Preparing the appropriate response and Representations, where it is intended to oppose the allegations, requires detailed knowledge of the extensive and complicated pertinent law, which encompasses both UK and EU legislation.

If you wish to challenge an inclusion on the Children’s and/or Adults’ Barred List, please do not hesitate to contact our Team using the details below:

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide an initial no obligation consultation from our offices in London, Birmingham, and Manchester. Alternatively, we provide initial consultations by telephone or video.

Helen Holder

Helen Holder
Partner

Email Phone
John Veale

John Veale
Partner

Email Phone
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