How Long Can You Stay on the DBS Barring List?

In the United Kingdom, safeguarding vulnerable individuals is a top priority and the Disclosure and Barring Service (DBS) Barring List plays a significant role in safeguarding by identifying individuals that are barred from working with vulnerable groups. We’ll set out what the DBS Barring List is, what it contains and how long someone can stay on the List.  

What is the DBS Barring List?

The DBS Barring List, often referred to as “the barred list,” is a registry of individuals that are prohibited from working with vulnerable groups, such as children and adults at risk. The DBS Adults Barred List is an essential component of the DBS checks, helping ensure the safety and welfare of those who may be at risk of harm. 

What does ‘Barred List Information Not Requested’ mean?  

Not all DBS checks include information from the DBS barring list. While certain positions require this information, others may not. Understanding which roles require a barred list check is key for both employers and individuals. 

What we’ll learn about DBS Barred Lists  

Our guide to the DBS barred lists will include: 

• The barred list meaning – what it is, why is it used and why it is important.  
• The different types of barred lists, such as the Children’s barred list for individuals barred from working with children and the Adults’ Barred List for those barred from working with adults at risk. 
• The connection between the DBS Barred Lists and List 99.
• The legal framework and regulations that underpin the barred list, including Section 142 of the Education Act 2002. 
• The role of the Independent Safeguarding Authority (ISA), which was responsible for maintaining the barred lists before the merger with the DBS. 
• How long someone can stay on the Barred List.

 What is a List 99 Check?  

A “List 99 check,” also known as a “List 99 screening,” is a background check in the United Kingdom aimed at safeguarding children and ensuring that individuals who are barred from working with children do not gain employment or access to positions where they could pose a risk to children’s safety and well-being. 

This is now called the Children’s Barred List.

The term “List 99” comes from Section 142 of the Education Act 2002, which established the legal framework for maintaining a list of individuals who are considered unsuitable to work with children. Section 142 Education Act is now part of the broader legislative framework underpinning safeguarding measures in the UK.

Now part of the Enhanced DBS with Children’s Barred List check, List 99 checks provide information on an individual’s criminal history, including any relevant convictions or cautions, as well as their inclusion on the barred list if applicable. These individuals are prohibited from taking positions that involve regular contact with children, such as teaching, childcare, or other roles within educational and care settings. 

It is important for employers and organisations working with children to conduct List 99 checks as part of their due diligence in ensuring the safety of the children under their care. 

What Was the ISA Barred List? 

The ISA Barred List, or Independent Safeguarding Authority Barred List, was a list in the United Kingdom that contained the names of individuals who were prohibited from working with vulnerable groups, particularly children and adults at risk. This list was maintained by the Independent Safeguarding Authority (ISA) until its merger with the Disclosure and Barring Service (DBS) in December 2012.  

The ISA Barred List identified individuals that were considered unsuitable for employment or engagement in positions or activities that involved regular contact with vulnerable groups and barred from working in roles within sectors like education, healthcare, social services, and other areas where they could pose a risk to the safety and wellbeing of children or adults at risk.  

The ISA Barred List was used in conjunction with the ISA Vetting and Barring Scheme background checks. Those found unsuitable or barred from working with vulnerable groups were placed on the ISA Barred List, and their employment or engagement in relevant roles was prohibited. 

With the creation of the DBS, responsibilities for maintaining barred lists, both Children’s and Adults’ Barred List were transferred to the DBS.

What Happens If You Are on the Barred List?

Being listed on the DBS Barred List has significant implications for individuals including legal obligations, potential employment restrictions, and the process for challenging or appealing a barred status. We’ll also address how long an individual typically remains on the barred list and the steps required for removal. 

How Long Can You Stay on the DBS Barring List?

The duration of time a person remains on the DBS Barring List can vary, depending on several factors, including the nature of the barring decision and the specific circumstances of the case. Here are some key points to consider: 

Indefinite Bar
In many cases, individuals are placed on a barred list indefinitely. This means there is no set time frame for their inclusion on the list. The decision is based on the seriousness of the concerns and the potential risk they pose to vulnerable individuals. 

Review and Appeals
Individuals who are barred have the right to challenge their barring decision and seek a review of their case. If a review or appeal results in the removal of an individual from the barred list, they may no longer be subject to inclusion. 

Conditional Removal
In some cases, an individual’s inclusion on the barred list may be subject to certain conditions or restrictions. These conditions could specify the circumstances under which the individual may be removed from the list. 

Lifetime Bar
In cases involving the most serious offenses or risks, individuals may face a lifetime bar, meaning they will remain on the barred list for the rest of their lives. 

Relevant Legislation
The duration of barring decisions can be influenced by the specific legislation under which they were made. Different regulations and acts may have varying provisions regarding the duration of barring decisions. 

The determination of how long an individual stays on a barred list is made through a thorough assessment of their case and the potential risks they pose to vulnerable individuals. Decisions are based on safeguarding considerations and are subject to legal processes, reviews, and appeals as appropriate. 

Individuals who have questions or concerns about their barred status should seek legal advice or engage in the appropriate appeal processes to address their specific situation. 

What is Enhanced Disclosure with Barring List Check? 

An “enhanced disclosure with barred list check” is the background check required for individuals who are seeking employment or engagement in roles that involve regular contact with vulnerable groups, such as children and adults at risk. 

Key components of an enhanced disclosure with barring list check: 

Enhanced Disclosure:
This part of the check involves a thorough examination of an individual’s criminal history. It includes details about any criminal convictions, cautions, reprimands, or warnings on the individual’s record. An enhanced disclosure provides comprehensive information about an individual’s past criminal activities. 

Barred List Check:
The barred list check is an essential element of safeguarding. It verifies whether the individual is included in the DBS Barred List, which identifies individuals who are prohibited from working with vulnerable groups. The barred list includes individuals who have been barred due to their history or behaviour, making them unsuitable for such roles. 

The use of the enhanced disclosure with barred list check demonstrates a commitment to safeguarding and ensures that individuals with a history or behaviour that makes them unsuitable for working with vulnerable groups are identified and prevented from taking up such roles. 

Is a DBS Barring List Check Free? 

A DBS Barring List Check is typically not free. It is part of the broader Disclosure and Barring Service (DBS) check process, which involves background checks and vetting for individuals who work with vulnerable groups. However, DBS checks do not have a Government fee attached for volunteers. 

At MyVetting.com, we understand the vital nature of these checks – after all, we’re Home Office-approved to deliver these checks – but we know that, traditionally, they can come at a huge cost to organisations and businesses. We’ve shaped our pricing to help your budget work harder and it means that you’d never have to contemplate compromising safeguarding or compliance for cost.

Individuals directly request a DBS Barring List Check for themselves. Employers or organisations that require these checks for safeguarding purposes initiate the process and usually handle the associated costs. 

The DBS Barring List is a crucial tool in safeguarding vulnerable individuals in the UK and staying informed about its nuances and regulations is key to ensuring the safety and welfare of those who need it most.