Disclosure and Barring Service (DBS) Experts
We are expert lawyers dealing with all issues related to criminal records and the Disclosure and Barring Service (DBS).
For individuals, we are able to advise on what information must be disclosed when applying for jobs. We are frequently asked to challenge disclosures on DBS certificates and to appeal DBS barring decisions.
For businesses we are able to help draft employment policies that are in compliance with rehabilitation laws so that you can be sure that you are asking the rights questions, and carrying out the appropriate checks on current and future employees.
We offer a fixed fee initial telephone consultation where we will assess your case in detail. We will send you a detailed written advice advising you on your prospects of success.
If we think your case can succeed we will usually be able to conduct your case on a fixed fee basis. Equally if we think your case has a limited prospect of success we will tell you so that you avoid incurring any further costs.
DBS Appeals Lawyers
Disclosure and Barring Service (DBS) Appeals
If you have received a Disclosure and Barring Service (DBS) certificate and it causing you difficulties, then please get in touch.
We have successfully challenged many DBS certificates, either having information completely removed, or instead having the disclosure altered to reduce the impact of any negative information.
If you have already challenged the disclosure with the DBS, we will be able to assist you appealing the matter, to give you the best possible chance of any negative information being removed.
The police may automatically reveal as much “relevant” information as possible on a DBS certificate, but this can often be unfair. Due to our specialised expertise in this field we are frequently able to persuade the DBS/police that the information need not be disclosed.
Chief Constable Representations
The DBS may have disclosed “relevant” information on your DBS certificate, or the Chief Constable of the police force concerned may have written to you giving you an opportunity to make representations. In either case we will be able to assist you in challenging any disclosure of information.
It is important that you act promptly so that we can gather together as much supporting evidence as possible, to give you the best possible chances of success.
If you have left matters until late, then don’t worry, we will often be able to get an extension to give us sufficient time to gather your evidence together, and provide detailed and compelling representations.
The DBS’s powers of disclosure are very broad, and they do not need to prove that the allegations against you are true. They can even disclose records where you have been fond not guilty at court. All the DBS needs to show is that there is some evidence of an allegation against you, and then they will assess whether it needs to be disclosed according to various parameters.
As the disclosure rules are tipped in favour of disclosure, it is important that your prepare as robust a defence of your case as possible.
Deletion of Police Records
Sometimes a disclosure may relate to an unfairly issued caution, community resolution or unlawful arrest, if this is the case, then we will be able to challenge these records, with a view to getting them deleted. If your records are deleted from police systems, then the information will be removed from your DBS certificate.
For more information on the deletion of police records, please see here: Police Record Deletion.
Disclosure and Barring Service (DBS) Barring
We have helped many clients either challenging an existing barring, or resisting being placed on the DBS barred lists.
We have prevented many clients from being placed on both the children and vulnerable adults barred lists.
If you have received a “minded to bar” letter, then please get in touch.
Equally, if you have already been barred, then please get in touch to see if you can come off. Sometimes a barring decision may have been made on incorrect facts, or a false criminal record. If a barring is based on an incorrect caution or other police disposal, then we will apply to have this record expunged first, and then apply to have your barring overturned.
If your barring relates to an unfair conviction, and you have already appealed to court unsuccessfully, we may be able to apply to the Criminal Cases Review Commission (CCRC) to have your conviction overturned.
Employers and the DBS
Along with advising individuals on DBS background certificates and barring, we are also able to assist businesses with their recruitment and human resources obligations.
We advise employers on how recruitment questions should be framed with respect to prospective and current employees’ criminal records.
We are also able to advise and assist when relevant information has come to your attention, and you are considering making a disclosure to the DBS.
Common Law Disclosure
The police have a common law power to disclose information to a suspect’s employer/regulator. This would typically happen after someone has been accused and arrested for an allegation.
The police may provide you an opportunity to make representations prior to this disclosure being made. If so, we will be able to present robust representations to persuade the police not to make a disclosure.
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