Guidance

DBS oral representations guide

Updated 11 April 2016

1. Introduction

When the Disclosure and Barring Service (DBS) considers it may be appropriate to include a person in one or both of the barred list(s), we will write to the person with a copy of all the information we’ve considered.

The person will be asked to submit representations to explain why being added in one or both barred list(s) would be inappropriate and/or disproportionate.

Representations allow the person to give their views and evidence to the DBS. We consider representations to be an important part of making fair, consistent and thorough barring decisions.

Individuals have 8 weeks to make representations, although extensions to this time-frame can be requested by contacting us.

2. What are oral representations?

As with written representations, oral representations provide an opportunity to explain why you feel it would be inappropriate or disproportionate for DBS to include you in one or both of the barred lists.

It is expected that the majority of people who make representations will do so in writing. But, we are committed to improving accessibility and implementing a fair and consistent approach for everyone we deal with irrespective of race, religion, background, gender, age, sexuality or any disability.

In the interests of fairness and equality, and to protect a person’s rights under the European Convention on Human Rights, arrangements can be made to hear oral representations.

3. Can I make oral representations?

There are no set criteria for deciding whether or not oral representations might be appropriate.

Decisions will be made on a case by case basis taking into account the individual circumstances of the person and the reason(s) for the request. It’s important to understand that making oral representations won’t put you at an advantage or disadvantage in comparison to a person submitting written representations.

If you consider that it may be appropriate for you to make oral representations you should contact us as soon as possible.

It’s important that you give full details of any circumstances that you wish us to take into consideration. We’ll confirm in writing whether or not your request has been accepted.
If your request is refused, we’ll direct you to relevant areas of support to assist you with providing written representations.

4. Making oral representations

If oral representations are considered necessary, we will make every effort to meet the specific needs of the person. This may include (but is not restricted to) getting representations by:

• telephone
• video conference
• audio/video recording
• a face to face meeting

We will allocate a member of staff as a main point of contact who will aim to answer any questions or concerns you may have.

They will guide you through the process and confirm arrangements for the most appropriate method to provide your oral representations.

As with written representations, we are unable to provide help in preparing/submitting representations. However, you can get assistance from anyone you think can help for example, a carer, family friend etc.

You are welcome to have a companion to support you, but you are reminded that they will then know the details of your case.

5. After oral representations

We will send you a written summary of your oral representations and you will have 2 weeks to provide any comments on accuracy.

We will then assess all the case information we have shared with you following your representations.

Finally we will write to you to let you know our decision.

If you are unhappy with the level of service received from the DBS you can make a complaint through the DBS complaints procedure.

This doesn’t extend to any complaint about the outcome of the decision making process. In these cases you should request an appeal or a review.

6. Contact DBS barring team

You can call us on 03000 200 190 if you need help.