DBS – Minded to Bar Closed for Foster Carer: Flawed Investigation

A foster carer was dismissed from her agency employment, following investigation, after it was alleged that the carer had permitted unapproved people to stay at the carer’s house whilst foster children were there. The DBS issued our client with a Minded to Bar letter in respect of children and vulnerable adults.

Our carefully targeted representations concentrated on demonstrating that the investigation was flawed because, amongst other things, it contained a number of statements from anonymous individuals who our client did not have the opportunity of challenging, by demonstrating that other people had not stayed in the house and that the whole investigation did not conform to the principles of natural justice.

The DBS closed the case without further action.

What this means if you’re facing similar allegations

A flawed underlying investigation can undermine the case for barring, particularly where it relies on untested or anonymous evidence. Highlighting breaches of natural justice and providing evidence that contradicts the allegations can persuade the DBS to close a case without further action. If a barring decision rests on a defective investigation, that process should be challenged directly.

Facing a DBS case? Learn more about our Disclosure and Barring Service (DBS) defence services, or contact us for a free case evaluation.