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Criminal Records & Professional Consequences | England & Wales

Challenging information on an enhanced DBS certificate

Challenging inaccurate, irrelevant or disproportionate police information on an enhanced DBS certificate.

KEY ANSWER

The position in brief

First identify what is disputed: an incorrect record, personal details, the wording of local police information or the decision to include that information for the particular role. These are different problems. A successful challenge to an enhanced certificate does not automatically delete the underlying police record or overturn a separate barring decision.

Legal issues

GOV.UK says a certificate dispute should be raised within three months of the certificate date. Where the police maintain disputed local information, Independent Monitor review concerns whether it is relevant to the position or ought to be included. Raise the dispute through DBS first. If proposed wording is sent before issue, respond by the deadline in that representations letter; do not wait for the certificate.

This guide concerns England and Wales.

For the wider service, see Police Caution Removal & PNC Record Deletion. Related decisions are covered in No further action: records, reopening and next steps and Police Caution Removal for Professionals.

Evidence that matters

Collect the certificate, proposed disclosure letter, role description, decision letters and reliable evidence correcting the account. Mark each disputed sentence and explain the factual correction or objection. Evidence of the outcome, elapsed time and the duties of the role may be more useful than general statements that disclosure feels unfair.

Reasonable lines of enquiry

Separate accuracy from relevance. “The allegation ended with NFA” may correct a misleading account of the outcome but does not automatically answer whether information should be disclosed. Ask whether the wording distinguishes allegation from finding, omits important context or conveys a materially misleading impression.

What happens next

The available route depends on the stage. Before issue, police representations may address proposed wording. After issue, use the certificate-dispute process and supply evidence. A relevance or inclusion dispute may reach the Independent Monitor. Further legal challenge requires separate advice on grounds, remedies and time limits; correspondence should not be assumed to stop a court deadline.

Immediate steps

Save the certificate and record its date. Obtain the exact job description and the employer’s deadline. Keep communications factual and focused. Do not submit a record-deletion application as a substitute for an urgent certificate dispute, or assume a pending challenge requires an employer to keep a vacancy open.

What should you send us?

Send the complete certificate or proposed wording, date received, role description, supporting outcome documents and all correspondence with DBS or the police.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can analyse the disputed wording, prepare evidence-based representations and distinguish the appropriate DBS, police-record and public-law routes. We can also help explain the actual procedural position where employment or professional consequences make timing important.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Does NFA mean police information cannot appear?

No automatic rule follows from NFA alone. The proposed information, its relevance and whether it ought to be included must be assessed.

Can the Independent Monitor correct every type of DBS issue?

No. Its role concerns the relevant local police-information disclosure questions. Identity errors, conviction data and barring decisions have their own routes.

Should I wait until my employer rejects me?

No. Act on the disclosure or certificate deadline. An employment decision and the process for challenging the certificate are separate.

NEXT STEP

Review proposed DBS disclosure

Tell us the next deadline and the documents you have received. Call 0843 636 7687 or email [email protected] to discuss the appropriate next step.

Review proposed DBS disclosure