My offence fell into the 'Automatic Barring with right to representations" category and I received a DBS letter giving me 8 weeks to make written representations.

I composed an objective and structured letter outlining reasons why the barring would be disproportionate and inappropriate. Wherever possible, I quoted from my pre-sentence reports (especially the Risk sections) and also included some relevant quotes from character witness statements used during my trial.

I spoke to the DBS this week to check status (3 months has elapsed). They told me that they are in the process of collecting further evidence and are waiting to receive a copy of the judge's sentencing remarks.

I don't know what the eventual outcome will be and will post to the forum when I hear. The positive is that they are taking action to get more information and didn't reject out of hand. The unknown is whether that is done as a matter of course and therefore no one with any decision making power has actually reviewed my representations in detail.

Here's an update and for once it's good news for me.

The DBS considered my representations and have confirmed that I have been removed from the Children's and Adults Barred Lists.

It doesn't make much difference to my daily life or career as I still have several years of notification left and an unspent conviction and suffer from the google effect (I wish i'd been born John Smith or Adam Jones). Likewise, the conviction will always appear on a standard or enhanced DBS check.

However, it's a mental thing and it was really painful to be considered a potential risk to others, especially children. It's reassuring to find one department in the system who actually listens and weights up the evidence on an objective basis.

See my post of 16/12/15 which detailed the approach I took when making representations.

Congratulations! It makes a big mental difference, doesn't it, that you're not on a watch list like some evil predator who is unsafe to other humans

Sorry for the late post, only just seen this.

After my conviction I was sent a letter informing me I was barred from both the children and adults lists. It came with clear instructions on how to appeal. I also don't work with vulnerable people and have never had any intention to, and being on such a list would not have any practical effect on me. But like others, it was just the utter shame of being on a list like this when I am not a threat to anyone.

I successfully appealed inclusion on one of these lists by writing a measured and non-emotional letter. I fully accepted responsibility for my offence, the damage it caused and made no attempt to minimise or excuse it. I then stated that the list had no connection whatsoever to my conviction so there was no need/relevance for me to be on it. The ISA agreed and removed me from the list.

Post Edited (BenS) : 03/12/2015 09:26:31 (GMT+1)

Hi JohnL,

A quick search reveals the ISA no longer exists and has merged to be part of the Disclosure and Barring Service (DBS), So I don't know if the appeal process might have changed as a result.

With some convictions you are automatically put on the barred lists even if the judge doesn't expressly state it. I think the Sexual Offences Act 2003 lists the offences that lead to automatic inclusion.

I don't know the answer, but I would guess that to check if you are on the list you can ask the DSB, or if they are evasive then do a subject access request to the DBS or do a basic disclosure check on yourself. Or maybe just ask the police or probation you deal(t) with, they might have the info. Or maybe contact someone from Unlock, or check the info section, I'm sure this must be a question that crops up sometimes.

There was no cost for me to appeal. Simply writing a letter and sending it off. Recorded delivery strongly recommended. As stated above, I just expressed remorse, said I had successfully completed a programme and provided the report, made no attempt to minimise what I had done, mentioned my stable home/work life, and stated that my offence was irrelevant to one of the lists so there was no reason to be on it. I haven't got the letter any more but they recommended including any reports from probation etc., if they portray you positively of course. I also made it clear that I had no intent to appeal my inclusion on the other list, to reinforce the fact that I am fully accepting of what I have done and the consequences it caused.

Post Edited (BenS) : 10/12/2015 10:22:16 (GMT+1)

Hi BenS - I'm in the same boat re nature of my caution, however I didn't ever receive a letter about auto barring. It may be due to me moving house, and so I don't know if I'm actually on it or not.

I don't work with children or vulnerable adults, but it's the stigma that gets to me sometimes.

I have no idea how to appeal or to even check if I'm on the lists. Are you able to share what you put in the letter and how you appealed - the cost involved etc?

Well done for sticking at it, Yankee. I imagine that the mental strain must have been pretty tough.

I no longer have to notify and received a caution, I also didn't receive any letter from the ISA/DBS telling me that I'd been referred for barring, so I don't know whether I actually am or not.

Can I ask what your conviction was for (the crime), and what arguments you made to say it was disproportionate?

Sorry, I meant to update this with the outcome.  The good news for me is that the DBS accepted the representations and removed me from the barring lists.  As part of the process, they went to the court to get the transcript of the judges sentencing remarks.

While this makes very little difference to me in terms of future employment and doesn't address all the earlier adverse publicity, it removes the stigma. Bottom line is that it was a mindset thing - the thought that someone somewhere who doesn't know me could consider me a potential risk to children or vulnerable adults used to eat away at me. Thankfully, that's no longer the case.