Disclosure & Barring Service - September Update

September saw us achieve several successful results for clients we have been representing regarding the disclosure of criminal antecedents for employment and other purposes.

Examples where we have had particular success include representations to the Disclosure & Barring Service. These successes include the following cases:

  • Mr C was convicted in 2014 for offences of possessing indecent images of children. Following his conviction he was written to by the Disclosure & Barring Service indicating that they were considering placing his name on the Adult & Child Barred lists. This would have meant that he would have been prevented from working in certain industries where he could come into contact with children or vulnerable adults. However, following representations made on Mr C’s behalf by Lansbury Worthington the Disclosure & Barring Service accepted that he in fact did not pose a significant risk to either children or vulnerable adults and agreed that his name should not be included on either list.
  • Mr A was arrested and charged in 2008 with offences concerning a sexual assault on a child. However, when the allegations came to court the prosecution very quickly realised that there was insufficient evidence to present a realistic prospect of conviction (in other words they accepted that the offence could not be proved) and the proceedings were discontinued. Mr A, who has no other convictions or cautions and aside from this matter has never been arrested before, was then written to in 2014 by the Disclosure & Barring Service indicating that they wanted to add his name to the Adult & Child Barred list as a result of the unproven allegation from 2008. Lansbury Worthington made strong representations on his behalf showing clearly why Mr A should not be considered a risk to either children or vulnerable adults, and as a consequence of those representations The Disclosure & Barring Service confirmed that his name would not be added to either list.

Even if an allegation is made against you which is never proven, either because it is dropped from lack of evidence or because you are found not guilty at trial, the allegation can still show up on an enhanced criminal record check. This can cause significant interference with your private life affecting everything from employment opportunities to foreign travel. It is even more distressing when the allegations were untrue. It is therefore always important to instruct an experienced firm of solicitors who can advise you on the law in this complex area, to fight on your behalf to ensure criminal antecedents remain in the past and to allow you to get on with your life.

If you would like advice or assistance with disclosure of criminal antecedents then please not hesitate to contact our Data Protection & Criminal Record Department.