The Disclosure and Barring Service (DBS) is an independent safeguarding body. Most people will be familiar with the DBS. Many professions, such as carers, teachers, and prison officers, require DBS checks to ensure employees are fit to work with vulnerable populations. However, when issues arise regarding an individual's suitability, the DBS barred lists come into play.
What are the barred lists?
There are two barred lists, namely:
- The Adults' Barred List; and
- The Children's Barred List.
These databases contain the names of individuals who are legally prohibited from working with vulnerable adults, children, or both. Inclusion on one or both lists has profound implications, effectively barring individuals from continuing their careers in certain professions. For those listed, this prohibition can feel like a severe infringement on their human rights, particularly their right to private and family life under Article 8 of the European Convention on Human Rights.
While the consequences are significant, there are processes in place for individuals to challenge their inclusion or prevent it altogether.
Minded to Bar Letters and Representations
The DBS must give the individual the opportunity to make representations as to why they should not be included in the barred list(s). The DBS do this by sending the individual a 'minded to bar' letter. This letter typically outlines:
- The reasons the DBS is considering barring the individual.
- A deadline for responding, usually 8 weeks.
This stage is crucial for those facing the possibility of being barred. Timely and well-prepared representations can significantly impact the outcome. Seeking expert legal advice is strongly recommended, as experienced solicitors can help prepare persuasive arguments and present supporting evidence to counter the DBS findings. We have achieved a number of successful outcomes for clients at this early stage.
Appealing a DBS Decision
If an individual is added to the barred list(s), they may still have the option to appeal the decision. Appeals are heard by the Administrative Appeals Chamber of the Upper Tribunal but are limited to specific grounds, such as:
- Errors in law: For example, if the DBS misapplies relevant legislation.
- Mistakes in fact: If the decision is based on incorrect or misinterpreted evidence.
Permission to appeal must first be granted by the Upper Tribunal. In some cases, Legal Aid may be available to support individuals through the appeal process.
Seeking Legal Assistance
Being included on a DBS barred list can have life-altering consequences, but it is not necessarily the end of the road. From responding to a 'minded to bar' letter to filing an appeal, there are opportunities to challenge decisions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
