Introduction – What If I Have Been Referred To The Barred List?
Being referred to the Barred List typically implies that you may be subject to restrictions or prohibitions in certain professional or legal contexts and as the name suggests, you will be barred from working with children, Vulnerable Adults or both. The specifics can vary depending on the jurisdiction and the nature of the referral. Here are some general points to consider:
What If I Have Been Referred To The Barred List? – Barred List Definition
There are two Barred Lists:
- The Adults’ Barred List – containing individuals who are unsuitable to work with Vulnerable Adults (over-18s receiving healthcare or personal care).
- The Children’s Barred List – containing individuals who are unsuitable to work with under-18s.
Should the DBS receive information from the police in relation to an arrest, or should they receive a referral from an employer in relation to safeguarding offences, the DBS will write informing you that they are conducting an investigation into whether you should be prevented from working in regulated activity and placed on one or both barred lists. This letter is usually called a “Minded to bar” letter.
Below are just some of the offences that can lead you to be considered for addition to the Barred Lists.
- Perceived abuse (physical or emotional)
- Perceived neglect
- Inappropriate contact with a child/service user
- Using unsafe manual handling techniques:
- Failure to report or document,
- Falling asleep
- Using inappropriate language
The Barred lists are maintained by the government as a safeguarding precaution for the respective vulnerable groups – and in all but the most severe cases, where a person will receive an “Autobar” they’ll offer people who have been referred to a Barred List a chance to appeal the decision.
For more information on what the Barred Lists are, we have a specialised article you can read here: What Is The Barred List?
What If I Have Been Referred To The Barred List? – Legal and Professional Implications
Being on a Barred List may have legal and professional implications. It could impact your ability to work in specific roles, especially those involving vulnerable populations such as children or Vulnerable Adults.
What If I Have Been Referred To The Barred List? – Appeal Process
Often, individuals have the right to appeal their inclusion on a Barred List. If you believe that the decision is unjust or if there are mitigating circumstances, you may have the opportunity to present your case and seek a review of the decision.
What If I Have Been Referred To The Barred List? – Disclosure Requirements
If you are on a Barred List, you may be required to disclose this information when applying for certain jobs or positions.
Furthermore, it’s a criminal offence for barred individuals to apply for work involving the group they’re barred from, and it’s an offence for employers to hire them for such a role.
What If I Have Been Referred To The Barred List? – Can I Seek Legal Advice?
If you find yourself on a Barred List, you can seek legal advice. A legal professional can help you understand your rights, guide you through the appeals process, and provide advice on the best course of action. The Government has also provided information on how best to make representations in their article DBS barring and referrals: making representations
Conclusion – What If I Have Been Referred To The Barred List?
In conclusion, being referred to the Barred List can have serious professional implications, especially for roles involving vulnerable groups.
The Barred List is an important tool for safeguarding children and Vulnerable Adults, and being added to either one of these lists is usually for the protection of these groups.
It is important to remember that if you are added to a Barred List, it is a criminal offence for barred individuals to apply for work involving the group they’re barred from, and it’s an offence for employers to hire them for such a role.
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Further Reading
How Many People Are On The DBS Barred List?
DBS Barred List Offences – What You Need To Know
About The Author
Kellie Dawson
Kellie is our in-house legal expert when it comes to DBS checks. With a background in the legal sector, she has become a recognised authority in this area.