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DBS Compensation Claims

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DBS Compensation Claims

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.

Specialists in DBS Compensation

Our actions against the police and civil liberties lawyers are part of a department which is nationally recognised as leaders in the field of human rights law and actions against the police. Our solicitors are a members of the Police Action Lawyers Group (PALG) which is a specialist national group for lawyers who handle action against the police claims.

  • We offer competitive private funding rates and routinely act for clients who pay privately. We are proud of the service we offer to our clients.
  • We are also a practice that has the benefit of a legal aid franchise and as such, are able to act for the most vulnerable clients, at no cost to you.
  • Our lawyers are active members of key associations including INQUEST Lawyers Group.
  • Award winning team who have been nationally recognised and widely accredited for delivering civil liberties legal services to our clients.

 

 

 

This is a mark of quality awarded by The Law Society to law firms who demonstrate and maintain the highest levels of management and customer care standards. Re-assessment for Lexcel is carried out annually to ensure we continue to meet required standards of excellence in areas such as client care, case management and risk management.

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Making a DBS Compensation Claim

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.

Our DBS Compensation Specialists

How much will my claim cost?

All DBS compensation cases taken on by Hudgell Solicitors are handled on a no win no fee basis. This means that you will not have to pay any money up front and there will be no financial risk if your case is unsuccessful.

If your case is successful, you will only be expected to pay a contribution to your solicitor’s fees once the case has been resolved. The costs paid are usually a percentage of the compensation awarded and will be agreed before your case is carried out.

Find out more

FAQs

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.

    "Lessons must be learned from the case of Newham Council and its breach of Data Protection laws when sharing a police intelligence list with other"

    Vicky Richardson, Senior Litigation Executive, Civil Liberties

    Read More

    Get in touch

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