Can you appeal a DBS check?
If you’ve been placed on a barred list, your options for removal are limited to either an appeal or a review, each with distinct procedures, criteria, and timing. Being barred from working with children or vulnerable adults is serious, but in some cases, the decision can be challenged and potentially overturned. Understanding the differences between these options and how they work is essential.
If you’re interested in a particular section, use the links below to navigate straight to it:
- What is a barred list?
- A DBS check vs a DBS decision
- Can you appeal a DBS check?
- Can you appeal a DBS decision?
- How to appeal a DBS decision
- Reviewing a DBS barring decision
- Time frames for DBS barred list appeal & review
- How can we help
Have you been placed on the barred list? Speak to our DBS solicitors to assess whether the decision can be challenged and overturned.
What is a barred list?
A barred list is a register maintained by the Disclosure and Barring Service (DBS) of individuals banned from working with children or vulnerable adults due to past behaviour or offences.
There are two separate lists, one for those barred from working with children and another for vulnerable adults. However, an individual may be placed on both lists if they have committed a particularly serious offence, like sexual assault.
Being on a barred list legally prohibits a person from working in roles involving these groups, such as in schools, childcare settings, or care services. The DBS regularly updates and maintains these lists to protect vulnerable people from harm.
A DBS check vs a DBS decision
A DBS check is the process by which an individual’s criminal history is checked to help employers make safer decisions. A DBS decision is the outcome of the check that formally determines the individual’s suitability for the position.
During a DBS check, you might receive a Minded to Bar letter from the DBS, which is a formal notice that the DBS is considering barring you from working with vulnerable people. If the DBS has written to you to let you know that they have received a referral about you, we advise you to contact us as soon as possible.
Our DBS solicitors can advise you tactically about the best approach to respond to a Minded to Bar letter and when we should make written representations to the DBS about your position.
Can you appeal a DBS check?
Yes, if your DBS certificate contains incorrect information, you can dispute it with the Disclosure and Barring Service (DBS) within three months of the issue date.
Can you appeal a DBS decision?
Yes, you can appeal a DBS decision if you believe there’s been a legal or factual error by applying to a tribunal for permission.
How to appeal a DBS decision
To appeal a DBS decision, you must act within three months of the original ruling. If you miss this deadline, you can request an extension of time, but you’ll need to explain the delay. The tribunal will only grant an extension if there’s a compelling reason; otherwise, your appeal won’t be accepted.
The process then consists of two stages: first, the tribunal reviews your application to decide if there are valid grounds. This is called ‘obtaining permission to appeal’. If permission is granted, the case proceeds to a full appeal hearing, where both parties prepare their arguments.
Our DBS appeal solicitors guide you through assessing your case, drafting and submitting the appeal grounds, and representing you at every stage.
Can you submit late representations if you weren’t notified?
Sometimes people find out years later that they’ve been placed on a barred list, often without ever being properly informed. If there was a procedural error, such as not receiving notice of the DBS’s intention to bar you, it may be possible to submit late representations. This can effectively restart the process and give you another chance to challenge the decision.
Until those representations are accepted, though, you will remain on the barred list.
Submitting late representations involves reviewing your case history and obtaining original DBS documentation to prepare a strong case.
Reviewing a DBS barring decision
This is very different to an appeal as it is an application back to the DBS to ‘review’ a past decision. It can only be done in two specific circumstances:
- After the minimum period for the barring has expired (either 1, 5 or 10 years)
- Where there is information not originally provided to the DBS that may have resulted in a different decision
Minimum Period Review
Being removed from the barring lists after the minimum period has expired is not automatic. An application must be made to the DBS to be removed, providing representations as to why the reasons for the original barring decision no longer apply.
For many people, this is a challenging task that requires careful consideration and planning to gather the necessary evidence and information for a successful review.
We can advise anyone approaching or exceeding their minimum period on the merits of making this kind of application, or what further steps should be taken to prepare for it in the future. We can also draft your review representations and submit your final bundle to the DBS.
Further Information Review
This type of review can be made at any time, even before the minimum period has expired. However, the grounds upon which it can be used are very narrow. It cannot be used simply to make the DBS take a second look at your case because you did not like the original outcome. The DBS will immediately reject any application that does not meet the specific criteria for review without proceeding to a full review.
There is also a considerable downside to making a frivolous or unsuccessful application, as the minimum period resets when a review application is made. Serious consideration must therefore be given to the merits of making such an application in each case.
The vast majority of cases that could be successful with this kind of review are those where someone has submitted their own representations during the initial ‘minded to bar’ phase and failed to provide the proper information that would have given them a successful outcome. More rarely, new information has come to light since that original decision was made.
We can assess the merits of making this kind of review by considering your original representations and whether we believe there was more that could have been said to win your case. The same with any new information you believe might raise a proper challenge. If we find the criteria are met, we can then draft your new representations and make the application to the DBS on your behalf.
Time frames for DBS barred list appeal & review
Unfortunately, neither an appeal nor a review is a quick process. Invariably, both routes can take around 12 months to receive an outcome/decision. During that period, you will remain on the barred lists.
As these are the only routes available to be removed from a barring list, we have used these to help many people to restart their lives or careers without the barring restrictions being in place.
How we can help
If you have been placed on the barred list and wish for us to advise you on whether this can be challenged to have that decision overturned, please call our DBS solicitors on 0333 888 4040.
