We are expert Disclosure and Barring Service (DSB) specialist barred list solicitors.

We are often instructed to resist applications to place clients on both the children and adults DBS barred list.

If the DBS have already made a barring decision, and you would like to challenge it, we can help. Our solicitors will be able to advise you on the possibility of being removed from either the children, adults or both DBS barred lists.

If you were barred by the Independent Safeguarding Authority (ISA), or before 2009, under the previous list 99 regime, we can help. It may be the case that you are no longer eligible to be barred or have good grounds to believe the original barring decision was wrong.

How DBS Barring Decisions are made by the DBS

Discretionary DBS barring

The DBS will obtain information via the discretionary barring referrals process which will entail information being passed to it by any member of the public, employer or regulated activity provider.

Regulated activity providers have a legal duty to make referrals when they have dismissed removed or would have removed (had they not left), an employee or volunteer working in regulated activity, following harm to a child or vulnerable adult or where there is a risk of harm.

Information may also come to the DBS via an enhanced DBS certificate or relevant information is disclosed via the DBS update service.

For more information on the scope of “regulated” Activity please see here: the DBS and the Meaning of Regulated Activity in Relation to Children.

For more information on the discretionary barring process see here: DSB Discretionary Barring process

DBS Auto barring

In addition to discretionary barring, the DBS also has an “Autobar” procedure.

Automatic barring (Autobar) cases are where a person has been cautioned or convicted for a
‘relevant offence’ or been issued with a Risk of Sexual Harm Order and the details have been
provided to DBS by the Home Office.

There are two types of automatic DBS barring:

1. Automatic Barring Without Representations
2. Automatic Barring With Representation

1. Automatic Barring Without Representation

Automatic barring without representations means that if a person is convicted or cautioned for an auto bar without representations offence (a relevant offence) they will be added onto one or both of the barred lists whether or not they work in a regulated activity. There is no right of appeal against an auto bar for a relevant offence – unless there has been a mistake or a successful appeal of the conviction/caution giving rise to the barring decision.

Please follow this link for more information on overturning a police caution or criminal conviction: Police caution removal

2. Automatic Barring With Representations

Automatic barring with representations offences will only result in someone being barred where the DBS decide that it is “appropriate” to do so and where the person will be, is, or might undertake regulated work.

For more details on the automatic barring with representations procedure please click here: DBS Autobar with Representations