DBS checks are a vitally important part of the overall safeguarding process and the issuing of CRB certificates is essential for certain jobs, such as for anyone working with children or in the healthcare industry.
Whilst more than four million applications are processed without any issues each year by the Disclosure and Barring Service (DBS), unfortunately there are occasions when customers who request a criminal records check may not receive the level of service they should expect.
In these instances, where undue administrative delays occur or where the information contained within the CRB certificate is inaccurate or wrong, the person involved could be entitled to pursue a DBS compensation claim.
If this has happened to you, we understand how devastating the potential impact it can have to both your life and your livelihood – and we would urge you to get in touch to discuss your individual circumstances.
According to DBS statistics published in December 2015, the average time it should take to turn around a disclosure application is 15.3 days – and 94.3 per cent of all applications are issued within eight weeks.
If the DBS or the police authorities responsible for deciding what information, if any, should be disclosed on a CRB certificate takes an inordinately long time to make a decision, the person who has been affected would probably have grounds to launch a DBS delay compensation claim.
Each claim is considered on a case by case basis, but there are certain processes which have to be followed when issuing a CRB and if this has been done incorrectly you may be entitled to receive compensation.
Why can I claim DBS compensation?
DBS compensation payments can be made for two main reasons:
- If a delay in issuing a CRB certificate is too long and interferes with a person starting a new role of employment
- If something incorrect is disclosed on the record after a DBS check has been completed.
A delay in issuing a certificate can have serious implications in situations where professionals like teachers or healthcare workers need official clearance before they can take up new employment.
If this means they are unable to take up their new job, and could potentially miss out on earnings while waiting for the CRB certificate to come through, there is a good chance of winning a DBS delay compensation case.
This is because denying someone the right to work at the same time as they are unable to receive any state support can violate their human rights.
What is the time limit for filing a claim?
Timescales to make claims vary dependent upon the type of case. Victims have six years to make a claim for unlawful arrest, three years for assault, and one year for breaches of Human Rights. However, there are circumstances in civil liberties cases where time limits can be extended, so we’d advise calling a member of our team as soon as possible.
Related DBS compensation articles
No win, no fee
We offer personal insurance cover so there’s no financial risk to you in pursuing a DBS complaint. Making a claim for compensation will not cost you a penny up front, and if successful, you will only be expected to pay a contribution to your solicitor’s fees at the conclusion. These costs are usually a percentage of the compensation you are awarded, which will be agreed prior to your case proceedings.
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