DBS Appeal Solicitors

The 3 stages of submitting a DBS appeal

We can submit a DBS appeal to the Upper Tribunal against a decision to bar up to three months after the date stated on the decision letter. It is therefore important to act quickly.

Appeals are only allowed under specific criteria and require the submission of detailed grounds of appeal that set out how those criteria have been met. There are several stages to go through in an appeal, including: 

• Permission to Appeal: We draft a compelling “Application for Permission” to the Upper Tribunal. You must prove you have an “arguable case” to even be heard.
• The Response: The DBS will respond to your grounds. We analyse their rebuttal and prepare a final reply.
• The Oral Hearing: If granted, we represent you at the Tribunal to argue why your inclusion on the Barred List should be quashed.

We are experts at DBS appeals and provide full Initial Appeal Advice before embarking on drafting and submitting your grounds of appeal to obtain permission. We will then prepare all the evidence needed for your appeal hearing.  

The key with all appeals is submitting grounds before the 3-month deadline expires; therefore, obtaining the Initial Appeal Advice as soon as possible is vital. Speak to our team today.

The whole process of the DBS appeal can take 6-12 months due to Tribunal backlogs.

You can also see our guide on DBS Minded to Bar proceedings, and Can you appeal a DBS barred list for further information about the process involved.

Reviews of inclusion on a Barred List

Under certain limited circumstances, we can ask the DBS to review its original decision to place you on any of the Barred Lists. There are two possible ways we can do this.

The first route to request a review of a DBS decision to bar is after the minimum period has elapsed since the original decision was made. This length of time depends on your age when you were barred:

• Under 18 – 1 year
• 18-24 – 5 years
• 24 plus – 10 years

This review is not automatic. We must successfully persuade the DBS to review their decision based on drafted representations about how your circumstances have changed, that mean your continued inclusion on a Barred List is no longer appropriate.

The second route to a review is only available in very limited circumstances, but it is possible at any time, even if the minimum period has not yet expired. This can be where the DBS can be persuaded that new or important evidence exists that the DBS did not have at the time they made their original decision, for example, the original representations were ‘homemade’ and missed vital points, or they made a material error in how they decided your case. 

As this entails the DBS reviewing their own decision, making a legally sustainable, realistic and well-argued application is essential. Our DBS appeal team can provide you with full advice about a potential review of your inclusion on the Barred List.

Contact us to discuss your situation, and we will advise you on the best course of action.

DBS appeal vs. review: Which do you need?

The difference between an appeal and a review depends on the specific circumstances of your case. Using the wrong process can lead to a rejected application. 

• An Appeal is when you want to challenge the original decision, but it must be within 3 months.
• A DBS Review is when you want to request removal based on the minimum period expiring or a challenge to the basis of the decision to bar you.

Unsure which path applies to your record? Contact our DBS solicitors today.