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Enhanced Disclosure and Barring Checks – Punishment without the Crime?

11 November 2018

The Disclosure and Barring Service (DBS) are the Government regulatory body who assess whether or not people should be considered for inclusion on either the Children’s or Adult’s Barred Lists. Inclusion on the list can mean that working, or even volunteering, with children and/or adults is prohibited.

How does someone become included on the Disclosure and Barring list?

  • If they are convicted or cautioned of certain offences (including some violent and drug offences).
  • If the DBS consider the person a risk of harm to a child or vulnerable adult.

With certain offences, automatic inclusion will apply. With others there may be a right to make representations as to why you should not be included.

The Enhanced Disclosure with Barred List

Even if not included on the list, by law, the Chief Officer of Police must disclose on an EDBL (Enhanced Disclosure with Barred List) any locally held information which they consider relevant to an application and they consider ought to be disclosed.

This means that if you were applying for a job where an EDBL were required, information about an allegation can be shared. This is the case even if the decision not to prosecute was made. If this were to happen, the Police would contact you and allow you the right to make representations as to why it maybe unjust to share this information.

The Poole Alcock Criminal and Regulatory Defence Team are experienced in making representations on your behalf regarding these issues. Contact one of our team should the DBS contact you regarding being included on the list. Or, if the Police wish to share information about you for the purposes of an EDBL check. Make an appointment by calling 01270 625478 or completing this form. Alternatively you can visit our criminal defence and regulatory services page here.

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