Disclosure & Barring Case Studies
Our client was the Headteacher of a special school. She faced regulatory action at the TRA arising from her response to a safeguarding incident. The DBS took simultaneous action and barred her. In our view the DBS had clearly made a “mistake of fact” and we appealed to the Administrative Appeals Chamber of the Upper Tribunal.
Our grounds of appeal were sufficiently clear that the tribunal judge directed that the DBS reconsider their position. They duly revisited their original decision and our client’s bar was lifted without the need for the expense of a contested appeal hearing.
Correcting Police Disclosure
Our client was a young teacher who was dismissed for failing to observe correct boundaries with primary school pupils. Even though his regulator considered there was no case to answer, this information was reported to the police by the local authority and they then wrote an inaccurate version of the events which implied our client had been grooming children.
We made repeated representations to the police to exclude and amend the information up to and including a formal review to the Independent Monitor. She decided that the information was relevant but should be amended so as to be accurate and include our client’s defence. Future employers who require an enhanced check will now have a proper understanding of his past employment issues