Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
Disclosure and Barring Services | DBS Solicitor
Over the last few years, there has been a marked increase in the number of people requiring a DBS certificate in order to work within certain professions.
Factually incorrect or irrelevant information displayed on a DBS Certificate may have a detrimental impact on a person’s employment prospects, so it is imperative that the information is both relevant and accurate.
What is a DBS Certificate?
Formerly known as a Criminal Records Bureau (CRB) check, DBS certificates, which are supplied by the Disclosure and Barring Service, are generally requested by, and disclosed to, employers seeking to carry out background checks on prospective employees.
The Disclosure and Barring Service is a non-departmental public body of the Home Office which provides information enabling public, private and voluntary sectors to more safely employ suitable candidates for work vacancies involving, particularly, children and vulnerable adults. It provides access to criminal record information.
The Nature of DBS Checks
There are three types of checks conducted leading to the issue of a:
1. Standard Certificate
This is the most basic check that can be carried out and will contain information relating to spent and unspent convictions, cautions, reprimands and final warnings.
This is the most common form of DBS certificate requested.
2. Enhanced Certificate
This includes the same information as the Standard Certificate plus any additional information held by a police force which is reasonably considered relevant to the role being applied for.
3. Enhanced with List Certificate
This is similar to the Enhanced Certificate but includes a check of the DBS barred list. The barred list contains a list of people who are deemed to be unsuitable for working with children and vulnerable adults.
Kangs is extremely efficient in all aspects of its workLegal 500 | 2019 Edition
In his recent article ‘Dealing With Mental Health Disorders’ posted to this site on 14th May 2019 Nazaqat Maqsoom of Kangs Solicitors commented on various matters concerning such cases. He now outlines the Orders available to the courts under The Mental Health Act...
Kangs Solicitors has been instructed to represent a Company Director in the defence of proceedings at Reading Crown Court pursuant to the Proceeds of Crime Act 2002 (POCA). The Circumstances | Kangs POCA Defence Team Confiscation proceedings under POCA are being...
Tax Fraud and Money Laundering Trial Commences | Nottingham Crown Court | Kangs Financial Crime Defence Team
As previously reported in an article posted to this website Kangs Solicitors is defending a client charged with conspiracy to commit Tax Fraud and Money Laundering. The trial has now commenced at Nottingham Crown Court. The prosecution is being conducted by the...
On 12th April 2019, The Counter-Terrorism and Border Security Act (‘the Act’) came into force in the wake of ongoing national security concerns. John Veale of Kangs Solicitors outlines some of this new legislation. The Act | Kangs Solicitors Serious Crime Legislation...
Clients suffering from any one or more of a variety of mental health disorders require specialised attention. Nazaqat Maqsoom of Kangs Solicitors briefly outlines the nature of some mental disorders and the manner in which Courts deal with those accused of any crime...
Disclosure Issues Which May Arise
A caution or conviction will certainly appear on a Standard Certificate and so long as the content is true and accurate is unlikely to cause any difficulty. (Information relating to a caution can be removed from a DBS certificate in limited circumstances).
However, information contained within an Enhanced Certificate, where there may be more than one allegation, may create problems.
Enhanced Certificates contain a section entitled ‘other relevant information’ which can be completed by the Police when completing the form.
‘Other relevant information’ includes ‘non-conviction information’ and ‘police intelligence’ which covers:
- Fixed Penalty Notices;
- Findings of Innocence;
- Cautions and Convictions of co-habitees;
- Other Police intelligence.
Information in relation to, for example, proceedings leading to a court trial and subsequent acquittal, can be revealed on an Enhanced Certificate and the disclosure of such information may clearly have serious consequences for prospective employment opportunities.
The decision as to whether to disclose local police information is made by the Chief Constable in the relevant Police force area.
Challenging the content of an Enhanced Certificate
In the event of disagreement with the content of ‘other relevant information’ disclosed by the Police, there is a right of appeal through an independent monitor and the Police will be given the opportunity to reconsider their decision to include the information following any representations made opposing the disclosure of the disputed information.
The ‘other relevant information’ can only be challenged on the grounds that:
1. The information contained within the Enhanced Certificate is not relevant; and/or
2. If the information is relevant, it ought not to be included within the Certificate on Human Rights grounds.
How can Kangs Solicitors assist with disputed DBS Checks?
Kangs Solicitors have considerable experience in advising and representing clients who wish to challenge the relevancy and/or accuracy of the content of their DBS Certificate and have successfully challenged numerous police authorities across the UK including the Metropolitan Police, Staffordshire Police and Greater Manchester Police.
A vast amount of complex law both from the European Court of Human Rights and UK Courts surrounds DBS Certificates and 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.
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street, City of London
London, EC4Y 0DR
020 7936 6396
Pall Mall Court 61-67 King Street
Manchester, M2 4PD