Successful Representations to the Disclosure and Barring Service
Lucinda Shand successfully made representations to the Disclosure and Barring Service (DBS), preventing her client’s inclusion on the children and vulnerable adults barred lists.
The DBS’s intention to bar was based on a domestic assault conviction from July 2021, an offence aggravated by the level of injuries and the presence of children. Had the client been included on the barred lists, it would have ended his ability to continue in his career.
Central to the outcome was the principle of proportionality—ensuring a fair balance between protecting the public and the individual’s rights. Lucinda argued that inclusion would be disproportionate and unjust given:
-The particular circumstances surrounding the offence
-The client’s full cooperation with agencies
-His demonstrated remorse and insight into the reasons for his offending
-The low risk of any repetition of the behaviour
The purpose of the barred lists is to protect society from harm or the risk of harm. Lucinda successfully demonstrated that her client presented no such risk, leading the DBS to decide not to include him on either list.
Lucinda Shand is instructed to advise and represent individuals at all stages of an investigation and prosecution, leading exceptional defence teams and instructing some of the country’s leading Barristers.
Blackfords LLP can offer assistance with all DBS matters, please call our key contacts on 03330 150150
