Disclosure & Barring Advice
The current system created in 2012 presents unusual challenges to any teacher who is unfortunate enough to be referred. Most decisions are made on paper by officials without a right to a hearing. Appeals are restricted and few lawyers have experience of successfully negotiating the difficulties inherent in this system.
Prompt advice in minded-to-bar cases is also important as there are strict time limits for responses (currently 8 weeks). We understand the modelling and risk assessments the DBS use in barring decisions and can ensure that your evidence, testimonials and submissions take the correct points. It is essential to get this right first time.
If you do wish to appeal a DBS bar you will certainly need our expert legal advice as the Upper Tribunal will not accept a “merits appeal” – you must show there has been an error of fact or law to get permission and you must submit your legal argument within 3 months. We can also assist with applications for review on grounds of new information or reduced risk.
It can also be shocking for teachers to discover that unproven allegations can haunt their careers through police force disclosures on Enhanced Certificates. We can help by making representations on the facts, emphasising where caselaw has decided the balance lies between private rights and public protection. We also have experience of taking appeals to the Independent Monitor.