Could I be automatically included on the DBS barred list? 

What is an auto-bar offence?

The answer is yes; an auto-bar offence refers to when someone has been newly convicted or cautioned for a serious offence, or been issued with a Risk of Sexual Harm Order and the details have been provided to DBS by the Home Office, and they are considered for immediate barring. Any conviction or caution information comes from the Police National Computer (PNC).

Auto-bar offences may be referred to in correspondence provided to a person by the DBS as either automatic barring offences, (those which do not enable the person to make representations) or automatic inclusion offences (those which require the DBS to enable the person to make representations). The DBS may also refer to these as relevant offences.

What constitutes an auto-bar offence is set out in legislation.

What is the difference between auto-bar with the opportunity to make representations to the DBS, and auto-bar without the opportunity to make representations?

There are two categories of auto-bar offences – auto-bar with the opportunity to make representations to the DBS, and auto-bar without the opportunity to make representations to the DBS. Most serious offences such as rape of a child or sexual offences where the victim is a child under 13 will result in the convicted person being barred, irrespective of whether they work in regulated activity, with no right to make representations to the DBS.

Except for those convicted of an auto-bar offence without the right to make representations, an individual will not be included on the barred lists unless the DBS believes that he or she has worked, is working or may in the future work in regulated activity.

Notification of barring

When the DBS are advised of a relevant conviction, caution or other information indicating that you may pose some risk of harm to vulnerable groups including children, they will formally notify you of this in writing.

There are two types of formal notification.

Notification of inclusion in a barred list

This is where you have been convicted of an ‘Auto-bar’ offence. These are the most serious offences in which there is no opportunity to make representations for removal due to the seriousness of the offence.

Notification of ‘Minded to Bar’

These are either automatic inclusion offences (where you have been cautioned of convicted of a ‘relevant offence’) or where the DBS has assessed information and is minded to include you in a barred list. In these cases, you will be invited to make representations as to why you should not be barred prior to any final barring decision being made.

For automatic inclusion offences with the right make to representations, the DBS seeks and considers any representations prior to making a decision as to whether a person should be included in a barred list.

It is important to note that if you are convicted or cautioned for an auto-bar offence, with the opportunity to make representations – and you chose not to make these representations – the DBS are obliged to include your name in at least one of the Barred Lists (depending on the circumstances surrounding your case).

Olliers Solicitors – Specialist DBS ‘Minded to Bar’ Lawyers

At Olliers, we have a Specialist DBS team dealing with Minded to Bar cases. Our lawyers have extensive experience drafting and submitting representations to the Disclosure and Barring Service. The team at Olliers are here to listen, empathise, understand and assist with your DBS case.

The team will present your case in the best possible way using our expertise and experience to advise on the best evidence to support our representations.

Please contact our DBS department on 0161 834 1515 or by email to info@olliers.com to discuss how Olliers can assist you if you receive any correspondence from the DBS regarding potential inclusion on either Barred List.