DBS Decision Making - Navigating the Framework & Challenging Determinations

Introduction

This webinar is designed to familiarise you with the framework in which the DBS makes disclosure decisions on enhanced DBS certificates (EDBS) and will also cover DBS barring decisions.

An overview of the legislation will be provided, together with developments in case law related to challenging the decision-making process and the role of the independent monitor. Practical guidance on challenging DBS determinations will be provided as well as tactical considerations.

This webinar is aimed at those looking to challenge DBS decisions on behalf of individuals.

What You Will Learn

This webinar will cover the following:

• EDBS checks - test for disclosure
• Proportionality - public interest v Article 8 right to privacy & factors to consider
• Procedure for challenging decisions at different stages
• Relevant case law
• Tactical considerations
• DBS barring framework: adults/children barred list
• Different routes to barring
• Challenges to barring decisions
• Practical points on appeals

This webinar was recorded on 11th September 2023