Disclosure & Barring Services (DBS)
Legal Solutions for DBS Certificate Discrepancies
In recent years, there has been a marked increase in the number of people requiring a Disclosure and Barring Service check to work within specific professions. Incorrect or irrelevant information on a DBS Certificate can harm a person's employment prospects, making it essential for the information to be both relevant and accurate.
Previously referred to as a CRB (Criminal Records Bureau) check, DBS certificates are provided by the Disclosure and Barring Service. Employers typically request DBS check to make safer employment decisions, especially for positions involving children and vulnerable adults.
The DBS grants access to criminal record information.
Why Choose our DBS Update Service?
At KANGS, we understand the significant impact an inaccurate DBS record can have on your career and personal life. Our experienced team is well-versed in DBS legislation and procedures, allowing us to help you correct the information on your DBS certificate, ensuring that your record reflects only accurate information.
- Our legal experts will review your DBS record, identify discrepancies and choose the best course of action to rectify the errors.
- We will represent you in all communications with the DBS, ensuring that your case is presented clearly and persuasively. If necessary, we will prepare and submit formal appeals or challenges.
Choosing KANGS DBS Update Service for correcting your DBS records ensures that you receive expert, personalised and efficient legal assistance, backed by a proven track record of success.
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Got a question?
How can KANGS assist with disputed DBS checks?
KANGS has considerable experience in advising and representing clients who wish to challenge the relevancy and/or accuracy of the content of their DBS Certificate. KANGS have successfully challenged numerous police authorities across the UK including the Metropolitan Police, West Midlands 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. 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.
Contact KANGS
The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
What's included in a DBS check?
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.
Disclosure Issues Which May Arise
A caution or conviction will 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
- Acquittals
- 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.
Is there a right of appeal?
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 its 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
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