by Kellie Dawson
What Are The DBS Barred List Offences?
There are far too many barring offences to list on this page, but to give you an idea of the sort of thing that will get you barred, we have included a selection of DBS Barred List offences that can lead to being added to either Barred List:
> Rape
> Murder
> Sexual Assault
> Ill-treatment of patients
> Cruelty to persons under 16
> Sexual intercourse with someone under 16
> Possession or distribution of indecent images of children
You can download the full, official list from the Disclosure and Barring Service (DBS) by clicking here* (This link was provided by the DBS via the gov.uk website, but their page hasn’t been working for some time. We’ve left it here in case it’s ever fixed, but in the meantime, please use this link instead.)
But, what are the Barred Lists? How do you get on there? And what does it mean? On top of informing you about DBS Barred List offences, we can tell you more about the Barred List in general below.
What Are The Two Barred Lists?
There are two barred lists that checks can be made against:
- The Children’s Barred List, which contains individuals who are barred from working with children.
- The Adult’s Barred List, which contains those banned from working with Vulnerable Adults – click for a guide to the DBS’s definition of a Vulnerable Adult.
It’s possible (and actually very common) to be included on Both Barred Lists.
What is a DBS Barred List Check?
If you are on the Barred List, it is against the law to be hired for a role that includes regulated activity with the concerned group. Employers hiring for such positions are legally required to screen candidates by applying for an Enhanced DBS check, which will include checks of the Barred List(s).
A Barred List check takes place at Stage 3 of the DBS process, and shows on the DBS certificate whether the applicant is on the Barred List(s).
What does being on the Barred List mean?
In the case of most cases, the employer that has requested the DBS check can make their own judgement on whether to employ someone or not, based on the outcome of their DBS check.
However, if the applicant is on the Barred List for a group they are applying to work with, it is a crime for the employer to hire the applicant for that job. In fact, it’s a crime for a barred person to apply for a job that involves working in regulated activity with the vulnerable group that they are barred from.
How Does Someone Get On The Barred List?
Being added to a Barred List isn’t a measure that is taken lightly, as it can have a huge impact on the career and life of an individual. There are two main ways the DBS can decide to put someone on a Barred List:
Discretionary Process
A case can be referred to the DBS by any member of the public, however, the most common referrals are from:
- Employers
- Local Authorities
- Education Boards
- Regulated Activity Providers
- Health and Social Care Trusts
If an employee has been dismissed due to harming, or risking the safety of a child / Vulnerable Adult, it is the legal duty of the employer to notify the authorities.
The Auto-bar Process
When a person applies for work including Regulated Activity and undergoes an Enhanced DBS Check, the Disclosure and Barring Service will consider including them on the Barred List if they have been cautioned or convicted of DBS barred list offences.
For the last two methods, the individual being placed on the list will be able to make a representation to why they should not be placed on the Barred List.
How Does The Auto-bar Process Work?
Automatic Barring (auto-bar) occurs when someone has been cautioned/convicted for a ‘relevant offence’, or has been issued with a Risk of Sexual Harm Order. There are two types of Automatic Barring:
- Automatic Barring Offences – This is the most serious of cases, and the individual cannot make a representation against being put on the list. If they’re put on, that’s it – no arguments!
- Automatic Inclusion Offences – When cautioned or convicted for these, the individual can make a representation before being included on the list.
How long do people stay on The Barred List?
When someone is added to the Barred List for DBS Barred List offences, it is expected that they will remain there for life – however, they have the opportunity to ask the DBS to reconsider the decision. The length of time before the decision can be reconsidered varies, and depends on the age of the individual when the offence was committed.
Under 18: If added to the Barred List(s) for DBS Barred list offences as an under-18, reconsideration can be requested after 1 year.
18 to 24: If someone has been added to the list for DBS barred list offences between this age, reconsideration can be requested after 5 years.
Over 24: If added when over the age of 24, for DBS barred list offences, reconsideration can be requested after 10 years.
Jobs That Require An Enhanced DBS Check with Barred List
A Barred List check can only be requested alongside an Enhanced DBS Check and is only for those working with children and/or Vulnerable Adults.
Examples of jobs that require a Barred List Check include:
> Carers
> Dentists
> Nurses
> Teachers
> Taxi Drivers
Barred List checks can only be requested if the applicant legally requires one for their role. If they do not legally need a Barred List check, it cannot be requested. The DBS’s guidance can be found here.
Barred List Checks With Aaron’s Department
You can begin your hassle-free Enhanced DBS checks with Aaron’s Department today!
As a registered DBS Umbrella Body, we will process your DBS applications the same day we receive them (if before 4:00pm) to ensure you get your staff into work as fast as possible. On top of this, we offer an error-proof online system, backed up by our team of specialists, all at an unbelievably low price!
If you have any questions about DBS Barred List offences, feel free to drop us an email at contact@aaronsdepartment.co.uk, or give one of our friendly experts a ring on +44 113 877 0171, and we’ll be happy to help!
Related Content
If you have found our article on DBS Barred List Offences useful, we have collated some of our further articles on DBS Barred Lists below which may help answer any further questions you may have.
- What Are Barred List Checks?
- How many people are on the Barred Lists?
- What The Changes To the DBS Filtering Rules Mean For You
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.
