09/04/19

Disclosure and Barring Service Victory

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Following the submission of detailed representations to West Mercia Constabulary, they have decided not to disclose information on our client’s enhanced Disclosure and Barring Service (‘DBS’) Certificate.

Background | Kangs Regulatory Team

Kangs Solicitors was instructed to represent a sports coach in relation to information the Police sought to disclose on his enhanced DBS Certificate.

Our client is a sports coach alleged to have struck up an inappropriate relationship with one of his fifteen year old students.

As a result of the allegations, the sports coach was suspended by his national governing body.

Despite never being arrested or spoken to by the Police, they were seeking to disclose this information on his enhanced DBS certificate.

The reasons put forward by the Police to justify disclosure was based on the assertion that:

this information is relevant and ought to be disclosed to an employer…because the applicant is seeking employment within the child workforce and he has been subject of a safeguarding referral regarding his relationship with a 15 year old girl whom he met whilst in a position of trust. Disclosing this information will allow potential employers to complete a safeguarding assessment’

Given the nature of the information and our client’s job, disclosure of this type would have had a detrimental impact on his ability to coach underage children.

Route to Success | Kangs Pro-active Criminal Defence Team

  • This was a difficult case to challenge involving examination of hundreds of messages between our client and the student
  • Many hours were spent with the client obtaining extensive and detailed instructions and formulating the representations as to why the information should not be disclosed

Client’s Comments | Kangs DBS Experts

This successful appeal concludes a long and difficult period for our client and he is now looking forward to continuing his career as a coach, working with both children and young adults.

Following the successful appeal, our client said:

I work with children and what the Police sought to disclose was nothing more than a misunderstanding but, if disclosed, would have had a devastating impact on my career as a sports coach. Steve was very professional and read through hundreds of messages to properly understand my case. He drafted excellent representations which no doubt influenced the Police to make the decision not to disclose the information

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
hholder@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888 | 07989 521210

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