DBS Disputes Lawyers

A decision to place your name on a DBS barred list can have immediate and serious consequences for your career, reputation, and future employment.

If the Disclosure and Barring Service has decided to bar you, that is not always the end of the matter. In the right case, there may be grounds to challenge the decision, either by asking the DBS to review it or by pursuing an appeal to the Upper Tribunal.

At Clifford Johnstons, we advise individuals who want to challenge a DBS barring decision. We assess the available options, identify the strongest route forward, and represent clients in both Paragraph 18A review applications and DBS appeals.

Can you challenge a DBS barring decision?

Yes. Following a decision to bar, there are usually two possible routes.

The first is a Paragraph 18A review. The second is an appeal against the DBS barring decision to the Upper Tribunal (Administrative Appeals Chamber).

Which route is appropriate will depend on the facts of the case, the reason for challenge, and whether there is fresh material or an arguable error in the original decision.

What is a Paragraph 18A review?

A Paragraph 18A review allows the DBS to reconsider a barring decision in certain circumstances.

This may be appropriate where there is new information the DBS did not previously have, where there has been a material change in circumstances, or where the DBS made an error when reaching its decision.

A review is not simply a request to look again at the same material. It must be supported by a proper basis for reconsideration. The strength of the application will usually depend on the quality of the new evidence and how clearly it addresses the DBS’s original concerns.

This is why careful preparation matters.

Appeals against DBS barring decisions

If the DBS has made the wrong decision, it may be possible to bring a DBS appeal before the Upper Tribunal (Administrative Appeals Chamber).  These appeals are typically heard in London or Manchester.

An appeal is not a fresh application. The Tribunal will consider whether the DBS decision was legally or factually flawed. That requires close analysis of the barring decision, the material relied upon, and the reasoning used by the DBS.

Before an appeal can proceed, permission to appeal must first be obtained.

Seeking permission to appeal

The first stage in any Upper Tribunal DBS appeal is an application for permission to appeal.

This can be dealt with in writing or at an oral hearing, either in person or by video link. At this stage, the key question is whether there is an arguable basis for appeal. That may involve an error of law, a significant factual mistake, or a failure by the DBS to approach the case properly.

We review the papers in detail and advise on whether there are realistic grounds to challenge the decision.

What happens if permission is refused?

If permission to appeal is refused on paper, that does not necessarily end the case.

It is often possible to renew the application at a further hearing before a different judge. That gives a second opportunity to argue that the case should proceed to a full appeal.

Whether a renewed application is worthwhile will depend on the underlying merits and the reasoning behind the refusal.

What happens if permission is granted?

If permission is granted, the appeal will be listed before a panel of Upper Tribunal judges.

The Tribunal will receive written submissions and an evidence bundle in advance. This is a critical part of the process. The case must be presented clearly, supported by the right documents, and focused on the legal and factual issues that matter.

In appropriate cases, the appellant may also give evidence and call witnesses in support of the appeal. A properly prepared appeal can make a significant difference to the outcome.

What can the Upper Tribunal do?

If the appeal succeeds, the Upper Tribunal has the power to intervene in different ways depending on the circumstances.

In some cases, it may direct that the person’s name should be removed from the barred list. In others, it may identify errors in the DBS decision and require the matter to be reconsidered on the correct legal and factual basis.

Either outcome can be highly significant, particularly where a person’s ability to work in a regulated profession depends on the result.

Why specialist advice matters

DBS barring appeals are technical. They are not simply about disagreeing with the outcome. The challenge must be framed properly, supported by evidence, and advanced through the correct procedure.

At Clifford Johnstons, we advise on both Paragraph 18A reviews and appeals against DBS barring decisions. We assess the merits, identify the strongest grounds, and prepare the case with care.

These cases often determine whether someone can return to work in education, healthcare, social care, or other regulated roles. The stakes are high, and the approach must be precise.

How Clifford Johnstons can help

We can advise you on whether you should pursue a DBS review application or a DBS appeal, assess the prospects of success, prepare written representations and appeal documents, and represent you throughout the process.

Our focus is on identifying the strongest route to challenge the decision and presenting your case in a way that gives it the best possible chance of success.

Speak to a DBS Appeal Solicitor

If you have been barred by the DBS and want advice on a Paragraph 18A review or an appeal to the Upper Tribunal, our experienced DBS Investigation Solicitors can assist. As trusted Stockport Solicitors, we provide clear, confidential advice tailored to your circumstances.

Early advice is important. Deadlines and procedure matter, and the right strategy from the outset can make all the difference.