Challenging Police Disclosure on Enhanced DBS Certificates

An enhanced DBS certificate can include sensitive information held by the police, even where there has been no conviction. This can have serious consequences for employment, particularly in regulated sectors such as education, healthcare, and social care.

If incorrect, outdated, or unfair information appears on your DBS certificate, it is possible to challenge it. However, the process is time-sensitive and must be handled carefully.

At Clifford Johnstons, we advise individuals on challenging enhanced DBS disclosures, making representations to the police, and pursuing disputes through to the Independent Monitor where necessary.

How the enhanced DBS process works

The enhanced DBS process involves several stages, each of which can affect what information is ultimately disclosed.

Application for an enhanced DBS certificate

The process begins when an application is made for an enhanced DBS check, usually as part of a job application or regulatory requirement.  At this stage, the applicant has no control over what may be disclosed.

Police consideration of local information

The police will review all locally held information they consider relevant. This can include:

• police intelligence
• arrest records
• allegations
• acquittals
• non-conviction information

The threshold for disclosure is broad. The police must consider whether the information is relevant to the role and whether it ought to be included on the certificate. This is often where issues arise.

Opportunity to Make Representations

In some cases, the Chief Officer will write to you before issuing an enhanced DBS certificate, giving you the opportunity to make representations about proposed “Other Information” disclosure.

This is a critical stage. It may be the only opportunity to prevent sensitive or damaging information from appearing on your DBS certificate.

The police may invite representations where there is uncertainty about whether the information should be disclosed. This may include situations where the relevance to the role is questionable, the material is outdated or inaccurate, the facts are disputed, or you have not previously had a fair opportunity to respond.

The timeframe for responding is short (usually 14 days) and the legal threshold for preventing disclosure is strict. A poorly prepared response can result in information being included that could significantly affect your employment prospects.

Early advice is essential. We can assess whether the proposed disclosure can be challenged and prepare focused, persuasive representations on your behalf before the deadline.

Issue of the enhanced DBS certificate

After considering any representations, the police will decide whether to include the information.  The certificate is then issued, either with or without the disputed material. Once issued, the focus shifts to challenging the content of the certificate itself.

Challenging incorrect DBS information

If your enhanced DBS certificate contains incorrect or inappropriate information, you can raise a formal dispute with the DBS. This may apply where:

• personal details are wrong
• conviction information is inaccurate
• irrelevant or unfair material has been included

A dispute must usually be raised within 3 months of the certificate date. This deadline is important. The DBS will review the dispute and liaise with the police force responsible for the disclosure.

Referral to the Independent Monitor

If the police maintain their position and do not accept that the information is incorrect or inappropriate, the matter may be referred to the Independent Monitor.

The Independent Monitor is an external reviewer who considers whether, (i) the information is relevant to the role applied for, and, (ii) it should properly be included on the certificate

If the Independent Monitor agrees with the challenge, a revised DBS certificate can be issued. This stage often requires a carefully prepared and legally structured argument.

What if the challenge is unsuccessful?

If the Independent Monitor does not uphold the challenge, the remaining option may be to consider a judicial review in the High Court.

This is a complex and specialist process. It does not re-examine the facts, but instead considers whether the decision was legally flawed, procedurally unfair and/or irrational

Judicial review carries significant cost and risk and requires careful assessment before proceeding.

Why early advice matters

The key stage in many DBS cases is the initial response, either at the representations stage or when raising a dispute. Deadlines are strict. Arguments must be properly framed. The focus must be on relevance, fairness, and risk. A poorly handled response can result in damaging information being disclosed unnecessarily.

How Clifford Johnstons can help

We advise on all aspects of enhanced DBS disputes and police disclosure challenges.

This includes reviewing your certificate and identifying grounds for challenge, preparing representations to the police, drafting formal disputes to the DBS, and advising on referral to the Independent Monitor.

Where necessary, we also work with specialist counsel experienced in DBS and public law matters to ensure that your case is presented at the highest level.

Our approach is structured, strategic, and focused on achieving the best possible outcome.

Speak to a DBS solicitor

If your enhanced DBS certificate contains information that you believe is incorrect or unfair, it is important to seek advice promptly. Our experienced DBS Investigation Solicitors provide clear, strategic advice on challenging police disclosure and protecting your position.

As trusted Stockport Solicitors, we regularly advise clients on sensitive DBS matters and employment-impacting disclosures.

Contact Clifford Johnstons for a confidential discussion about your options.