Police Disclosure – Enhanced Disclosure Principles

How to Challenge an Enhanced DBS Record

A doctor (or PA or AA) who is investigated by the police but not prosecuted might see the police seek to include a reference to the concerns raised in their enhanced Disclosure and Barring Service (DBS) record. Under the enhanced section of the disclosure, employers in certain sectors (healthcare, security, childcare) will have access to it, which could result in them not being employed.

In L, R (on the application of) v Commissioner of Police of the Metropolis [2009] UKSC 3 (29 October 2009), the Supreme Court considered the legal principles for inclusion of such concerns.

Also, in R (on the application of J) v The Chief Constable of Devon & Cornwall [2012] EWHC 2996 (Admin), by way of judicial review to the High Court, it was determined that the police must be cautious about relying on unproven facts where there has been no criminal charge or conviction and no local disciplinary action. The police must ensure that ‘any other relevant information’ being considered is of sufficient weight and that there is a pressing social need to include it.

Further, if a registrant is unhappy with the contents of the eventual recorded DBS disclosure record, they can complain to the Home Office’s Independent Monitor, who is appointed by the Secretary of State under section 119B of the Police Act 1997, in a fully independent role, separate from both the police and the DBS. Firstly, a complaint must be made to the DBS, and then to the independent monitor at:

Independent Monitor
Home Office
3rd Floor Peel
2 Marsham Street
London
SW1P 4DF

Email them at: independentmonitor@homeoffice.gov.uk

For more information on challenging the contents of a disclosure and barring record, contact Doctors Defence Service on 0800 10 88 739 or use our contact form.