What were once known as CRB (Criminal Records Bureau) checks are now called DBS (Disclosure and Barring Service) checks.
Employers will often ask for DBS checks to be completed on behalf of an existing or prospective employee.
Standard DBS checks will reveal certain convictions, cautions, reprimands and final warnings.
Enhanced DBS checks will reveal the same information as above, but can include any additional information held by local Police that is reasonably considered relevant to the role being applied for. Such checks are likely to be involved where a prospective employee is seeking work in a sector which involves working with the vulnerable or children.
We have seen instances where checks have revealed details of offences of which individuals have been acquitted, or even details of incidents which did not result in police action or arrest. Where such information is disclosed, it can be extremely prejudicial to a person’s prospects of future employment.
We can assist in addressing the problems that might arise from this information being disclosed. There are two instances where this information can be challenged.
The first is where the information included is incorrect. This may, for example, include instances where a DBS check reveals information that does not relate to the person to whom the DBS check relates.
The second is where the information does relate to the person to whom the DBS check relates, but where the disclosure of that information would be unfair and as such it ought not to be disclosed.
In some instances, the police will offer an individual the opportunity to make representations before deciding whether to include an entry on the DBS certificate. In other cases, the person might only become aware that the information has been included once he or she has had sight of the DBS certificate. Where this is so, representations can be made directly to the Disclosure and Barring Service. There are further avenues of appeal that can be pursued in the event that this does not lead to resolution of the problem.
We have experience of assisting people affected by this process. We can help you by advising you of your legal position and in drafting representations disputing the information included.
We have recently successfully represented a teacher, whose DBS certificate contained details of an assault against a pupil of which he was acquitted at trial, and a nurse whose DBS certificate contained details of a sexual offence for which she was arrested but which did not lead to prosecution.
For a discrete consultation about how we can assist you, contact one of our lawyers today. Alternatively, click here to provide us with your details, and one of the team will contact you as soon as possible.
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