Guidance

DBS referral guide: reviews

Updated 25 October 2024

When can my barring decision be reviewed?

This factsheet is intended for people barred by Disclosure and Barring Service (DBS) (previously the Independent Safeguarding Authority). It provides information about how to ask DBS for a review.

There are three circumstances when you may ask us to consider reviewing your barred status:

1. You do not meet the Test for Regulated Activity

If you were barred before 10 September 2012 you may ask DBS to consider reviewing your case if:

• you think DBS would not reasonably believe the Test for Regulated Activity (TRA) was met if we considered your case now; and
• your bar was not the result of a caution or conviction that the law said you could not challenge.

More information about regulated activity can be found on the Information for individuals that have been referred to DBS GOV.UK page.

If DBS is then satisfied TRA is not met, we will remove your name from the Barred List(s).

2. Your minimum barring period has expired

You may ask DBS to grant permission for a review after your minimum barring period has expired. However, we will only grant permission if we think a change in your circumstances indicates we should. This is called a Paragraph 18 review.

It is important that you send us as much as evidence as you can about your change in circumstances. If we do not grant permission, or we decide not to remove the bar(s), you can’t ask for another Paragraph 18 review for a further minimum period. This will be 1, 5 or 10 years, dependent on your age.

3. You have new information, there has been a change in your circumstances or DBS made an error

You may ask DBS to review your case at any time if you can provide evidence that it is appropriate for us to do so because of:

• information we did not have at the time of your inclusion in the Barred List(s),
• a change in your circumstances; or
• because we made an error.

This is called a Paragraph 18A review.

Providing evidence for a review

You should provide as much as evidence as you can to support your request for a review. We cannot help you with this but you can ask someone else to help you. This could be a friend, family member, trade union, solicitor or other professional or advisory body.

Your supporting evidence can include (but is not limited to):

• evidence that you have successfully appealed against your conviction
• career details, such as any relevant work (paid or voluntary) you have done since
• details of a relevant change in your personal circumstances (e.g. relationship history)
• any factors that might explain what happened
• testimonials (character statements)
• specialist assessments; and/or
• reports from medical experts, probation service or any other professional.

If you want to rely on evidence from a third party, you must send it to us. We cannot arrange to get it for you.

Please send your request to us in writing to:

Appeals and Reviews Team
Disclosure and Barring Service
PO Box 3963
Royal Wootton Bassett
SN4 4HH

Please do not send us any original documents as we cannot guarantee their return.

We use information in accordance with the Safeguarding Vulnerable Groups Act 2006 (SVGA) and the Safeguarding Vulnerable Groups Order Northern Ireland (SVGO).

We may need to share information with other professional bodies. We will only do this if the law says we can or must do so. Information about how we use and store your information, can be found in the DBS data retention policy.

What happens next

Once we receive your review application form and supporting evidence, we will decide whether we will review your case. Sometimes we need more information before we can consider your case. If we do, we will share the information with you and give you the opportunity to comment on it.

Your barred status will remain unchanged while we consider your case and unless we write to tell you otherwise.

If we review your case and decide it is appropriate to remove your name from the Barred List(s), we will write and tell you this.

If we decide not to review your case, or we review your case and decide not to remove your name from the Barred List(s), we will write and tell you our reasons why.

Your right to appeal

If we review your case and decide not to remove your name from the Barred List(s), you can apply to the Upper Tribunal (England and Wales) or the Care Tribunal (Northern Ireland) for permission to appeal. Details of how to do this can be found on their websites:

England and Wales: www.gov.uk/utaac

Northern Ireland: www.justice-ni.gov.uk/topics/courts-and-tribunals

You cannot apply to the Upper Tribunal for permission to appeal if we decide not to review your case. However, you may be able to challenge our decision through judicial review which is a different legal process. You may wish to seek independent or legal advice about doing this.

Asking DBS for another review

The time you must wait before asking for another review under Paragraph 18 depends on your age at the time you apply.

The minimum time period is 1 year if you are:

• under 18; or
• over 18, and could have but did not ask for a review before you turned 18. You also must not have asked for a review since you turned 18.

The minimum time period is 5 years if you are:

• under 25; or
• over 25, and could have but did not ask for a review before you turned 25. You also must not have not asked for a review since you turned 25.

The minimum time period is 10 years in any other case.

You may ask DBS to review your case under Paragraph 18A at any time.