Recent Disclosure & Barring Service Successful Cases

Olliers’ DBS team share some of their most recent successful Disclosure & Barring Service (DBS) ‘Minded to Bar’, ‘Reference and Vetting’ and ‘Paragraph 18A Review’ cases.  

Client A – DBS Minded to Bar Success  

Client A was accused of using inappropriate language whilst in the classroom including swearing, using sexualised slang words, showing pornography and other illegal videos and breaching safeguarding protocols by sharing their personal mobile number.  

Following taking Client A’s instructions it became apparent that Client A was an award-winning teacher with over 20 years’ experience. 

Mitigation was put forward to counter the allegations – namely that Client A had not worked in a religious school before and owing to the high number of religious holidays the school had been closed, limited time was left to complete the curriculum prior to the students’ taking their A-Levels. Client A had to significantly condense the content in lessons to accommodate for this and had become increasingly stressed as a result, often working late on into the night/early mornings in order to ensure his students were fully equipped.  

One particular student made a comment during a lesson to which Client A admittedly reacted to and used inappropriate language; however, this was off the back of a particularly long night working and the ungrateful attitude of their students. Client A immediately left the classroom, and we were able to argue that it was in fact the student who, with no input from Client A, apologised for his actions and also apologised to the class for the exhibited behaviour and disruption caused.  The same student misinterpreted a comment made by Client A and assumed the language used was sexualised.  

We were able to demonstrate that the comment could be interpreted in a number of ways. The allegations regarding pornography/illegal videos were actually shown by another pupil to Client A who immediately requested the student delete the video. With regard to sharing their personal number, Client A was aware one particular student was receiving additional lessons during a half term in order to prepare them for their upcoming A-Levels and Client A was not able to check school emails during this time. Client A admitted their error in judgement, however, there was nothing in the communication to suggest anything untoward; we were able to demonstrate that Client A actually had their student’s best interests at heart.  

As Client A’s background is solely in education, we were able to argue the devastating consequence that barring would have.  

Ultimately, we secured a positive result for our client.  

Client B – Reference and Vetting/Certificate Dispute  

Client B currently works as a Social Worker and was accused of sexual assault/grooming. Despite the police investigation resulting in No Further Action, the information pertaining to the allegations was still being disclosed on an enhanced DBS certificate which was significantly hindering Client B’s chances of employment.  

Client B’s friend and colleague requested Client B’s attendance at their teenager’s house party in order to assist and generally help chaperone. A teenager unfortunately drank to excess and made themselves unwell during the evening. Allegations were made of sexual touching of the face and neck and they further reported to their parents that Client B had kissed them inappropriately and a police investigation ensued.  

After speaking with Client B we were able to determine that Client B had in fact laid the teenager down on the sofa over a sick bowl, put a blanket over them and placed them in the recovery position in case of any vomiting; hence the reason for the face and neck touching. Further the teenager  was in an agitated state due the vomiting so Client B stroked their back and did admit to giving the teenager a ‘peck’ on the forehead to provide some form of parental comfort, but any ‘kiss’ had been hugely misinterpreted. The sole purpose was to calm the teenager down and any actions were as a maternal/paternal response; there was nothing sexual at all.   

We were able to comment on the fact that the teenager in their witness statement was unable to recall exactly where the kiss was; cheek/forehead/neck, they confirmed that no other inappropriate contact had taken place and the parents didn’t wish to pursue the prosecution. Whilst we (and Client B) are obviously mindful of the fact that individuals are not always able to recall exactly what had taken place when under the influence of alcohol and vulnerable, we were able to argue against the likelihood that this was an act of grooming/sexual assault owing to our client’s long and distinguished career as a Social Worker. There were no previous allegations at all during their profession and the allegations were also not related to Client B’s employment, therefore were not relevant to include on the Enhanced DBS certificate.  

Following our extensive representations to the police to dispute the information disclosed on a DBS certificate, we were able to secure a positive result for Client B and the information was rescinded.  

Client C – DBS Minded to Bar Success 

Client C was accused of exploiting their role in the education sector by encouraging pupils to send images of certain (non-explicit) body parts.  

Client C did not receive any formal safeguarding training for their informal position within the specific sector and, in fact, it was actively encouraged for Client C and others of the same role to befriend and make professional friendships with their students.  

Client C has obsessive and compulsive thoughts and became obsessed with a certain body part. Client C is also neurodivergent and has difficulty reading people’s social cues; i.e. if someone is uncomfortable or offended Client C would struggle to understand. Client C, as a condition of their neurodiversity, would often converse about their obsession via texts etc but we were able to demonstrate that these conversations were in no way sexually motivated. All conversations were of a perfectly cordial nature.  

We were able to submit character references from peers and colleagues who could confirm that they knew of the obsession but that it was completely harmless and they often joked about it amongst the group. Client C had undertaken various courses, therapy and CBT in order to learn new skills and we were able to demonstrate how they would implement the same.   

We secured a positive result for Client C.  

Read about more successful Disclosure & Barring Service (DBS) ‘Minded to Bar’ cases here.

Olliers Solicitors – Specialist Disclosure & Barring Service (DBS) Lawyers  

At Olliers, we have a Specialist DBS team dealing with Minded to Bar cases. Our lawyers have extensive experience of 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 strongest possible way using our expertise and experience to advise on the best evidence to support our representations.  

Please contact Nathalie Potter, Head of Olliers’ DBS department  on 0161 834 1515 or by email to nathaliepotter@olliers.com or complete the form below to discuss how Olliers can assist if you have received a ‘minded to bar’ letter from the DBS.