Can you get yourself off the DBS barred list?
Being included on the Disclosure Barring Service barred list can be very stressful if it means you can no longer continue in your job. People who are included on the list can’t take employment with children or vulnerable adults. So if you work in industries like healthcare, or childcare, you won’t be able to continue that role while you’re on the DBS list.
However, it is possible to get yourself off the list in some cases. Sometimes there has been a misunderstanding of the circumstances that the led to you being included on the list. Or perhaps your circumstances have changed, and it’s no longer right for you to be on the list.
At Harewood Law, we have specialist solicitors who can review your case and help to get you off the DBS barred list.
Communication with the Disclosure and Barring Service
You might have received a ‘Minded to Bar’ letter from the DBS, which informs you of the possibility that you could be barred. Or perhaps you’ve received a ‘Final Decision’ letter.
Whichever stage you’re at, we can write to the DBS to challenge their course of action.
We’ll have a chat with you and discuss the reasons why you think the allegations against you aren’t true. Once we understand your side of the story, we’ll gather up supporting documents that explain your version of events.
We then write to the DBS to explain everything from your point of view. We might explain to the DBS how it will affect your life if you are barred too. For example, if you can no longer continue in your job then it can impact your ability to provide for your children.
Appeals
If you’re a bit further down the line and you’re already included on the barred list, you can appeal the decision, but only in certain circumstances.
You can appeal if:
you were automatically added to the list following a relevant caution or conviction
you believe DBS has made a legal mistake
DBS barred you based on information that was wrong
We’ll listen to your story and we can advise you on whether or not we think an appeal would be successful in your situation. If you want to go ahead, then we can prepare a case for you and take your appeal to a tribunal.
Reviewing a decision after the minimum period
One other route to getting taken off the list is to request a review after a minimum period of time, if your circumstances have changed.
The minimum barring period depends on your age. So if you’re under 18, you can ask for a review after 1 year. If you’re 18 to 24, the minimum period is 5 years. And if you’re 25 or over you have to wait 10 years for a review.
A change in circumstances might be a successful appeal against a conviction for example.
How a solicitor can help
Sometimes, it is possible to get yourself removed from the DBS barred list. Usually you can do this if there has been a misunderstanding of the situation which led you to be included on the list, or if your circumstances have changed since you were added to the list.
It all depends on a few technical points. We can review your case and consider how likely it is that an appeal will be successful for you. And we can prepare your case for you so you don’t have to deal with the DBS alone. We’ll make sure you have the evidence you need to prove your side of the story.
If you’d like any help with an issue relating to the DBS, please get in touch.
Contact us today, we work on both privately funded and serious Legal Aid cases across Leeds, Bradford, Halifax, Wakefield, Huddersfield, Keighley and across West Yorkshire and the UK.
0333 3448377 | info@harewoodlaw.com