A barring decision is made by the Disclosure and Barring Service (DBS) to determine whether an individual should be placed on the barred list. The barred lists exist to prevent people who may pose a risk from working in regulated activity with children or vulnerable adults.
If an individual is added to the list, they are legally prohibited from applying for, or working in, certain roles. This is an important safeguard to ensure safety and trust in workplaces that involve high responsibility.
Why Are Barring Decisions Made?
The DBS makes barring decisions after reviewing evidence such as criminal records, referrals from employers, or concerns raised by regulatory bodies. The decision is not automatic and involves a thorough investigation into whether the person poses a risk of harm.
Some common reasons for referral include:
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Convictions for serious offences
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Allegations of inappropriate behaviour with vulnerable groups
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Employer concerns about safeguarding risks
How Does a Barring Decision Affect Employment?
Being placed on a barred list has serious consequences for employment. Individuals on the children’s barred list cannot work with children, while those on the adults’ list cannot work with vulnerable adults.
For example, if you are barred from working with children, you cannot apply for roles in schools, childcare, or youth organisations. Similarly, being on the adults’ list means you cannot work in care homes, healthcare, or support services involving vulnerable adults.
Employers have a legal duty to check whether a potential employee is barred. Hiring someone who is on the list is a criminal offence.
Can You Challenge a Barring Decision?
Yes, individuals do have the right to challenge or appeal a barring decision. They may:
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Provide additional evidence during the DBS investigation.
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Appeal to the Upper Tribunal if they believe the decision was incorrect.
However, overturning a barring decision can be difficult, and legal advice is often recommended.
Employer Responsibilities Regarding Barring Decisions
Employers must ensure they are not employing barred individuals in regulated roles. They are also legally obliged to refer staff to the DBS if safeguarding concerns arise. Failure to comply with these rules can result in penalties and put vulnerable groups at risk.
Conclusion
A barring decision is a critical safeguarding measure designed to protect vulnerable people in the UK. While it can restrict employment opportunities for individuals, it ensures that workplaces involving children and vulnerable adults remain safe and trustworthy. Both employees and employers should understand how the process works and what rights and responsibilities are involved.
FAQs
1. Can I still work if I am on a barred list?
No, being on a barred list makes it illegal to work in regulated activity with the group you are barred from.
2. How will I know if I’ve been barred?
You will receive official notification from the DBS if you are being considered for barring or have been placed on the barred list.
3. Can employers check if someone is barred?
Yes, employers can see barring information when conducting an Enhanced DBS check with barred list information.
4. Can a barring decision be removed?
In some cases, individuals may appeal or apply to be removed from the barred list, depending on the circumstances and evidence.
