What is the DBS Barred List?
The Disclosure and Barring Service (DBS) manages the Barred Lists, which prevent individuals from engaging in ‘regulated activity’—specifically working with children or vulnerable adults. Being placed on one of these lists means you are barred from certain employment roles within these areas, and if you attempt to work in regulated activities after being barred, it is considered a criminal offence.
There are two key lists:
- The Children’s Barred List
- The Adults’ Barred List
The DBS has maintained these lists since 2012 and is required by law to consider placing someone on the list only after they’ve established that the person poses a risk in relation to regulated activities involving vulnerable groups.
Why You Should Seek Legal Advice if You Receive a ‘Minded to Bar’ Letter
If you’ve received a “Minded to Bar” letter from the DBS, it’s critical to respond properly to avoid being added to the barred list. Regulation Resolution has a 100% success rate in preventing individuals from being barred, protecting your career, and ensuring you can continue working with vulnerable groups. Our team specialises in these cases, offering expert legal advice to give you the best chance of success.
How Does the DBS Decide Who Gets Barred?
The DBS can consider barring an individual based on the following circumstances:
- Discretionary Referrals: If an employer refers an individual to the DBS due to misconduct or potential harm to children or vulnerable adults.
- Enhanced DBS Checks: If you are applying for an enhanced DBS check and the police provide information suggesting you may pose a risk to vulnerable individuals.
- Automatic Bars (Autobars): Certain criminal convictions automatically lead to inclusion on the barred lists.
These processes involve extensive legal considerations, and it’s critical to have expert representation to guide you through each step.
Why Should You Make Representations?
Being placed on the DBS Barred List can severely impact your ability to work with vulnerable groups, jeopardising your career and reputation. Regulation Resolution offers expert support to help you prepare a strong defence, ensuring all relevant details are considered. The sooner you get professional advice, the better your chances of avoiding a barred decision.
What Happens After the DBS Notifies You?
If the DBS sends you a ‘Minded to Bar’ letter, it will include a deadline for submitting your representations—typically around eight weeks. If you need more time, we can request an extension on your behalf. Your response must address the specific concerns raised by the DBS and provide any supporting evidence or mitigating factors that may help prevent a barred decision.
Our expert lawyers at Regulation Resolution will ensure your submission is as strong as possible, highlighting your qualifications, character, and any circumstances that should be considered.
Can You Appeal the Decision to be Barred?
If the DBS decides to place you on the Barred List, it is possible to challenge this decision. We can guide you through the appeal process, providing expert legal support to help you navigate the complexities involved.
We also specialise in challenging inaccuracies in DBS checks, such as incorrect information or the removal of cautions and convictions that may be affecting your ability to work.
Why Choose Regulation Resolution?
At Regulation Resolution, we provide a proactive, strategic approach to protecting your career from DBS Barred List decisions. With a 100% success rate in avoiding barred decisions, our expert team specialises in DBS and regulatory law. We develop tailored defence strategies to ensure the best outcome for your professional future. If you’ve received a ‘Minded to Bar’ letter, don’t delay—contact us today for a confidential consultation and let us protect your reputation and livelihood.