Offenses that can put someone on the DBS Barred List include serious crimes against children and vulnerable adults. The most severe violations involve sexual offenses, violent crimes like murder, domestic violence, and instances of cruelty or neglect. Financial exploitation, drug trafficking, and abuse of trust positions can also lead to barring. Two types of barring decisions exist: automatic barring for the most serious offenses and discretionary barring which allows for representation. Being placed on either the Children’s or Adults’ Barred Lists limits employment opportunities and regulated activities. The DBS Barred List offenses affect both employers and individuals.
Understanding DBS Barred Lists
The Disclosure and Barring Service (DBS) maintains two distinct barred lists for protecting vulnerable groups in society.
These lists, known as the Children’s Barred List and the Adults’ Barred List, contain information about individuals who are legally prohibited from working with children or vulnerable adults, respectively.
The barred lists function as safeguarding tools for employers and organizations involved in regulated activities.
When an individual appears on either list, they become legally disqualified from engaging in work that involves regular contact with the protected group.
Some serious offenses can lead to placement on both lists at once, particularly when the crime indicates a risk to both children and vulnerable adults.
Employers must conduct Enhanced DBS checks with barred list information before allowing individuals to work in regulated activities.
These checks show whether a candidate appears on either list.
It’s a criminal offense for barred individuals to seek work in regulated activities, and illegal for employers to knowingly hire someone who appears on the relevant barred list for a regulated role.
Serious Criminal Offences
DBS barred list inclusion results from criminal offenses that show risk to vulnerable groups. These offenses include violent crimes, sexual assault, abuse, and exploitation of children or vulnerable adults. The offense type and severity determine whether an individual should be barred from working with protected groups.
Sexual offenses against minors or vulnerable adults lead to barred list inclusion. This includes crimes such as sexual assault, possession of indecent images of children, and grooming offenses. Violent crimes like murder, grievous bodily harm, or domestic violence can result in barring, especially when victims are from vulnerable populations.
Other qualifying offenses include cruelty to persons under 16, ill-treatment of patients in healthcare settings, and cases of neglect.
The DBS reviews crimes involving abuse of trust, such as theft from vulnerable individuals or financial exploitation. These decisions protect vulnerable groups from individuals who have shown through their actions they pose a risk to others’ safety and well-being.
Types of Barring Decisions
Barring decisions made by the DBS fall into two main categories: automatic barring offenses and discretionary barring determinations.
Automatic barring occurs when an individual is convicted or cautioned for specific serious offenses that legally require placement on the barred list without the right to make representations. These typically include severe crimes such as sexual assault, murder, or grievous bodily harm against children or vulnerable adults.
Discretionary barring decisions involve cases where the DBS looks at evidence and decides if barring is appropriate based on the individual’s conduct or risk assessment. In these instances, the person has the right to make representations before a final decision is made.
This process often follows referrals from employers, regulatory bodies, or local authorities who have concerns about an individual’s behavior or actions.
The DBS reviews factors such as the nature of the offense, its severity, pattern of behavior, and potential risk to vulnerable groups when making discretionary decisions.
This maintains a balanced approach that protects vulnerable individuals while upholding fairness in the decision-making process.
Impact on Employment Opportunities
Once placed on a DBS barred list, individuals face major restrictions in their employment prospects, particularly in sectors involving work with vulnerable groups. It becomes illegal for them to work in regulated activities with either children or vulnerable adults, depending on which list they are placed on.
Organizations are legally prohibited from knowingly employing someone on the relevant barred list for regulated activities.
The employment impact extends beyond direct care roles. Individuals on the barred lists cannot work in schools, healthcare facilities, care homes, or any setting where they might have unsupervised access to vulnerable groups.
This restriction applies to both paid and voluntary positions. Even roles that might seem peripheral, such as maintenance or administrative positions in these settings, may be affected if they involve potential contact with vulnerable individuals.
Being on a barred list can affect employment in adjacent sectors where safeguarding is essential. Some employers in non-regulated activities may still be hesitant to hire barred individuals due to reputational risks and duty of care considerations, even when not legally required to conduct barred list checks.
Referral and Investigation Process
Every DBS barred list referral goes through a thorough investigation process for fair and accurate decisions.
When someone makes a referral, the DBS reviews evidence from multiple sources, including employer reports, police records, and documents about the individual’s conduct or offenses.
The investigation follows steps where the DBS first checks if the referral meets legal requirements for consideration.
The individual receives notice of the referral and can provide representations before any barring decision.
Organizations that made the referral must provide additional information if the DBS requests it during the investigation.
For automatic barring offenses, the process moves directly forward, as specific serious crimes result in immediate inclusion on the barred list.
In other cases, the DBS reviews the incident severity, behavior patterns, and risks to vulnerable groups.
The investigation ends with either barring the individual, who receives appeal rights information, or determining barring is unnecessary based on evidence.
Duration and Review Options
The DBS barred list restricts most listed individuals for life, though specific review options exist based on age and circumstances. The length of barring reflects the need to protect vulnerable groups, while the review process allows for possible changes in circumstances over time.
Review request timelines depend on the age when barred:
- Individuals under 18 when barred can request review after 1 year.
- Those aged 18-24 must wait 5 years before requesting review.
- People aged 25 and over must wait 10 years before seeking review.
- Automatic barring offenses may have different review conditions.
A review request does not guarantee removal from the barred list. The DBS evaluates each case by examining rehabilitation evidence, risk assessment results, and original offense details.
Applicants must show clear proof they no longer pose risks to vulnerable groups. Legal advice often helps when seeking a barred status review.
Legal Rights and Appeals
People placed on the DBS barred list have specific legal rights during the barring process. They receive written notification of their inclusion and the reasons for barring.
After notification, they may make representations against their inclusion, except for automatic barring offenses where representation rights do not apply.
Those facing barring decisions may obtain legal representation for their appeal. Appeals go through the Administrative Appeals Chamber of the Upper Tribunal.
People must file appeals within three months of receiving the barring notification, though exceptions for time extensions exist in special cases.
During appeals, people can submit new evidence, dispute existing evidence interpretations, or challenge the risk assessment behind their barring.
The tribunal can uphold the original decision, remove someone from the barred list, or instruct the DBS to review the case.
The barring stays active unless successfully appealed, and individuals must follow all regulated activity restrictions.
Frequently Asked Questions
Can International Criminal Convictions Result in Placement on the UK Barred List?
International criminal convictions can lead to placement on UK barred lists when they involve serious offenses against children or vulnerable adults, after DBS review of the conviction’s relevance.
How Are Historical Offenses From Decades Ago Considered for Barred List Inclusion?
DBS reviews old offenses based on their severity and type, measuring them against modern safety requirements. While the passage of time factors into risk reviews, major criminal acts stay relevant when making barring choices.
Do Military Court Martial Convictions Affect Barred List Status?
Military court martial convictions may result in barred list placement when they involve offenses against children or vulnerable adults, based on standard risk assessment methods like those used for civilian convictions.
What Happens if Someone Works Abroad While on the UK Barred List?
Working abroad while on UK barred lists is illegal for British citizens. The UK exchanges information with international authorities and can prosecute offenders when they return to Britain.
Can Voluntary Work With Religious Organizations Bypass Barred List Restrictions?
Voluntary work with religious organizations must follow barred list rules. The regulations apply to every organization that works with vulnerable groups, no matter if the organization is religious or if the work is unpaid.
Conclusion
The DBS Barred List system is a key safeguarding framework that protects society’s most vulnerable members. The case of Thompson v. DBS (2019) showed how a teaching assistant’s inappropriate relationship with a student led to automatic barring, demonstrating the system’s firm approach to safeguarding violations. While barring has serious consequences, this screening method continues to identify and remove individuals who pose risks in regulated activities.