Guidance

DBS referral guide: reviews

Updated 30 March 2022

Introduction

This factsheet is intended for people barred by Disclosure and Barring Service (DBS), and provides information around how to ask DBS for a review.

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

• You do not meet the test for regulated activity
• Your minimum barring period has expired
• You have new information, there has been a change in your circumstances, or DBS made an error

More information about these circumstances can be found below.

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 the following apply:

• You think that DBS would not reasonably believe that the test for regulated activity (TRA) would be met if we considered your case now
• 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 in our guidance for individuals that have been referred to DBS.

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

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, depending on your age.

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)
• of a change in your circumstances
• 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 another 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
• reports from medical experts, probation services, 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 to you to advise you of this decision.

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 to you and advise you of the 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:

• Upper Tribunal website
• Care Tribunal website

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 either:

• under 18
• over 18, and could have asked for a review before you turned 18 but did not (you also must not have asked for a review since you turned 18)

The minimum time period is 5 years if you are either:

• under 25
• over 25, and could have asked for a review before you turned 25, but did not (you also must not have 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.