DBS barring: appeals
Updated 16 May 2023
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How can I appeal a DBS decision?
This factsheet is intended for people barred by the Disclosure and Barring Service (DBS). It provides information about how to appeal DBS’ decision. More information can be found in Information for individuals that have been referred to DBS.
This document is not designed to provide legal advice about appealing.
You may apply for permission to appeal a decision DBS made:
- to include you in the Barred List(s), or
- not to remove your name from the Barred List(s) if we reviewed your case
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 the decision through judicial review which is a different legal process. You may wish to seek independent or legal advice about doing this.
What you should do now
You may ask the Tribunal for permission to appeal if you think that DBS has made a mistake:
- about a point of law; and/or
- about a finding of fact that was relied on when barring you or not removing your bar.
It is important that you are aware that the decision about whether it is appropriate for you to be barred, or to remain barred, is not a question of law or fact.
You may only appeal with the permission of the Tribunal who are:
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: 0300 200 7812
Email: tribunalsunit@courtsni.gov.uk
Care Tribunal website
If you want to appeal, you should send your application directly to the Tribunal no later than three months after the date of the 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. Unless the Tribunal Judge thinks there is a good reason to give you an extension of time, your application will not be admitted and you won’t be able to appeal.
What happens next
The Tribunal will tell us that you have applied for permission to appeal. Sometimes, we might decide that there is more information available that we need to get for an appeal. For information about how we use and store your information, please see our Data Retention Policy.
If the Tribunal decides that DBS has not made a mistake of law or fact, it must confirm the DBS’ decision and you will remain barred.
However, if the Tribunal decides that DBS has made a mistake it must either:
- tell DBS to remove you from the Barred List(s); or
- tell DBS to make a new decision.
If the Tribunal tells DBS to make a new decision it 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.