Challenging the Disclosure & Barring Service

Even though a person may never have been convicted of a crime, they can still find themselves the subject of adverse comment on an Enhanced DBS check, as a result of information received from the Police. The Police have a discretion to circulate such information to the DBS if they consider it to be relevant and appropriate. This can sometimes create the unfortunate spectre of there being “no smoke without fire”. Notwithstanding this, it is possible to persuade the police and/or the DBS that such material should not be disclosed on an Enhanced DBS check.

Edwards Duthie Shamash recently acted for a social work professional who was acquitted of an allegation of fraud in the course of her employment. Notwithstanding this the Metropolitan Police were seeking to persuade the DBS that the circumstances of the case should be recorded on an enhanced DBS check on the grounds that it was appropriate for such information to be disclosed. This was their view notwithstanding that it impacted upon our client’s presumption of innocence and also her right to privacy.

Following detailed representations we made to the Metropolitan Police, we were successful in persuading them not to forward such information onto the DBS with the result that our client now has the benefit of a clean Enhanced DBS check.

If you seek assistance in challenging records maintained by the Disclosure & Barring Service or information which the police propose to send them, we would be able to advise and assist you.

This case was dealt with by Shaun Murphy