Disclosure and Barring Service Victory | Kangs DBS Solicitors
Kangs Solicitors have successfully represented a prison officer in relation to information Thames Valley Police wanted to include on her enhanced DBS certificate (‘DBS’).
Following the submission of detailed representations, the Police have decided not to disclose the information and Steve Micklewright of Kangs Solicitors reports the events.
Background | Kangs DBS Criminal Defence Team
The information related to an allegation of ‘emotional abuse’ against a young adult following an altercation within a secure care facility.
The incident occurred in June 2017 when an inmate became aggressive and assaulted our client, leading to the young adult being restrained.
No criticism was raised concerning the level of physical restraint applied by our client but Disciplinary Proceedings were brought against her in respect of words and phrases she used during the incident.
Following the Disciplinary Hearing, our client was dismissed and, in line with statutory obligations, her employer notified Thames Valley Police and Disclosure and Barring Service.
Route to Success| Kangs Pro-active DBS Solicitors
This was a difficult case to challenge because firstly, our client accepted using the words and phrases alleged and secondly, the incident was caught on body camera footage.
Thames Valley Police sought to include the information on our client’s DBS certificate on the basis that:
‘it was found that [our client] had used insulting language and derogatory terms towards the male whilst working in a position of trust and responsibility…any repeat of such conduct would indicate a potentially transferable risk of emotional abuse in the child and adult workforces’.
Kangs Solicitors drafted detailed and extensive submissions challenging all aspects of the Disclosure Notice which required reference to external documents relating to the prison, such as the latest report issued by the Inspectorate of Prisons.
A successful appeal ensued which concludes a long and difficult period for our client who is now looking forward to continuing her career working with children and young adults.
Following the successful appeal, our client said:
‘I cannot thank you enough for all of your support, the representation was fantastic.’
What is a DBS? | Kangs Solicitors for DBS
For further information, please see our previous article:
How Can We Help? | Kangs Criminal Defence Solicitors
If you seek to challenge the content of your DBS Certificate, then please contact Helen Holder of Kangs Solicitors.