DBS barring: appeals
Updated 16 May 2023
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Introduction
This factsheet is intended for people barred by the Disclosure and Barring Service (DBS). It provides information about how to appeal DBS’ decision.
This document is not designed to provide legal advice about appealing.
You may apply for permission to appeal a decision that DBS made:
- to include you on one or both Barred Lists
- not to remove your name from one or both Barred Lists, if we reviewed your case
You cannot apply to the Upper Tribunal for permission to appeal if we decide not to review your case. You may however be able to challenge the decision through judicial review, which is a different legal process. You may wish to seek independent or legal advice about doing this.
How to appeal
You may ask the tribunal for permission to appeal if you think that DBS has made a mistake about a point of law, or about a finding of fact that was relied upon when barring you, or not removing you from one or both Barred Lists.
It is important to understand that the decision to bar an individual, or remove an individual from one or both Barred Lists, is not a question of law or fact.
You may only appeal with the permission of the following tribunals.
In England and Wales
Upper Tribunal
(Administrative Appeals Chamber)
5th Floor, 7 Rolls Buildings
Fetter Lane
London
EC4A 1NL
Telephone number: 020 7071 5662
Email: adminappeals@Justice.gov.uk
Upper Tribunal website
In Northern Ireland
Care Tribunal
Tribunal Hearing Centre
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast
BT1 3JF
Telephone number: 028 9032 7703
Email: tribunalsunit@courtsni.gov.uk
Care Tribunal website
If you want to appeal, you should send your application directly to the relevant tribunal no later than three months after the date of DBS’ final decision letter.
If you apply for permission to appeal after three months, you must ask for an extension of time and explain why your application is late. The tribunal judge will decide whether to give you an extension of time. If an extension is not granted, your application will not admitted and you won’t be able to appeal.
What happens next
The tribunal will inform us of your application for permission to appeal. Sometimes, we might decide that there is more information available that we need to get for an appeal. Information around how we use and store your information, can be found in the DBS data retention policy.
If the tribunal decides that DBS has not made a mistake of law or fact, the tribunal must confirm DBS’ decision and you will remain barred.
However, if the tribunal decides that DBS has made a mistake, the tribunal must either:
- tell DBS to remove you from the Barred List(s)
- tell DBS to make a new decision
If the tribunal tells DBS to make a new decision, the tribunal may make its own findings of fact that we must base our new decision on.
You may be removed from the Barred List(s) while DBS makes its new decision unless the tribunal decides otherwise.