Our DBS appeal solicitors are here to support those facing an enhanced DBS check or those who have been denied the certificate due to previous convictions or cautions, even if they were acquitted or a conviction has been spent.
Instructing a DBS appeal solicitor
The award-winning specialists at Slater Heelis can advise on how to best approach regulatory matters such as DBS appeals and disputes.
Examples of how we can support you before, during and after the checks are made can be found here:
- Administrative errors made from the DBS and barring based on incorrect information
- Disputing information on the certificate, such as incorrect personal information, spent offences that were later acquitted, or incidents that didn’t involve police action or arrest
- Appealing for removal from a barred list if you have already been added
- Support in dealing with and responding to ‘Minded to Bar’ letters
- Seeking another decision from the DBS after the dispute window passes
- Attempting to remove police cautions and instances of no further action from your police record
- Appealing automatic addition to a barred list following a caution or conviction
- Appealing to review a decision if believed to in disproportionate or inappropriate to be included
We can advise on how best to approach whatever situation you are in. Please contact us at the earliest point at which you know you will be facing an enhanced DBS check.
Inclusion on a barred list will last a lifetime unless you choose to appeal or seek review. It is a lot more effective to pre-empt and prepare for any roadblocks if you are aware of what may be on police records.
If you know that you’ll be facing a DBS check for a new job but there are cautions and NFAs on your record, reach out to our DBS appeal solicitors before the process begins so the team can decipher the best possible approach.
We cannot stress enough the importance of time when it comes to acting on DBS decisions.
You have 3 months to raise DBS appeals and disputes, so it is crucial to reach out to a solicitor at the earliest opportunity. Once lodged, we usually expect a response within 21 days.
If it is an easy fix for an honest mistake, you should have new certificate issued relatively quickly.
Where more complex matters need to be investigated, or if the original appeal is denied, you can raise it to the independent monitor for further assessment. This of course will take longer than 3 weeks.
Different types of DBS check
The complexity of the DBS required will vary depending on the industry and type of job you will be working in. They are generally looking for previous convictions or cautions, if a child or vulnerable adult has been harmed, or if the individual is suspected to pose risk to either party.
Basic: identifies details of any cautions and unspent convictions, sourcing information from the Police National Computer.
Standard: identifies details of cautions, reprimands, final warnings and both spent and unspent convictions. These are often used for those working in prisons, security, court officers and similar.
Enhanced: as above, including any additional information held by the police. This information is required for those providing care, supervision or having responsibility of children, and specific activities with adults in health and social care settings.
Enhanced with barred list: specific to those adopting children, taxi drivers and limited specific roles. In addition to the above, it will check if an individual is on the adults or children’s barred list.
DBS adult first: verification of whether an individual is on the adult barred list only. If clear, they can work with vulnerable adults prior to receiving full certificate.
Written Representations
If the DBS has notified you that you are going to be added to one or both of its barred lists, you will have the opportunity to submit a written representation detailing why you believe doing so would be unjustified or disproportionate to the nature of the incident they may have identified. Additionally, if you know a referral has been made about you, you may want to submit a written representation to give your side of the story.
You do not have do submit written representations but it is recommended if you want to give your perspective. Choosing not to do this will mean that the DBS makes a decision based solely on the information they have.
If you choose to do so, you have 8 weeks from the date you receive notification from the DBS.
We strongly advise asking for the support of a DBS appeal solicitor in drafting your written representations to ensure that your argument is as strong and thorough as possible. To reduce stress on your part, you can also choose to have the DBS liaise directly with your solicitor by giving authority when submitting your representation.
Within your written representation you can include supporting information such as:
- Your own version of events and an explanation of your behaviour
- Testimonials and professional references
- Details of your career success or goals and how they could be severely impacted
- Copies of pre-sentence reports, social services reports or probation service documents
- Any additional mitigating factors
- Medical expert reports, or other specialist reports, if applicable
- Expert witness contribution
- Why you think you pose no risk to children or vulnerable adults
The DBS will then review your representations in context with any other information they have found, as well as seeking out further police data if required. Any information they use to make their final decision will be disclosed to you, so you or your representative will be able to provide comments regarding such information if necessary.
Once you have been reassessed, you will be notified again by the DBS.