Reviewing a historic DBS barring decision
If your name was placed on a barred list some time ago, you may be able to apply to have it reviewed and removed. There are two routes, they have very different requirements, and choosing the wrong one, or applying too early, can be a costly mistake.
A failed application can cost you another ten years
If a review is unsuccessful, the DBS can rule that no further request may be made until another prescribed minimum period has expired. That can block any fresh application for another ten years, which is why the merits need testing before anything is submitted.
Your questions, answered
The questions people ask me most in this situation. If yours is not here, call and ask.
No. Your name will not automatically be removed from the barred lists once the minimum period has passed, and this is the most common and most damaging misconception about the DBS barring regime. People assume barring runs for a set time and then lapses. It does not. You remain barred indefinitely unless an application for a Paragraph 18 review or a Paragraph 18A review succeeds.
Schedule 3 of the Safeguarding Vulnerable Groups Act 2006 provides two routes for applying to the DBS to review a decision to bar.
A Paragraph 18 review requires you to show both that the prescribed minimum barring period has expired and that there has been a change in circumstances allowing the DBS to reconsider its original decision.
A Paragraph 18A review can be made at any time after a barring decision, with no need to wait for any period to expire. It is only available where one of three things applies: information exists that the DBS was not aware of when it made the original decision, the DBS made an error, or there has been a material change in circumstances.
How long you need to wait before applying to the DBS to review a barring decision depends on how old you were when the decision to bar you was made. The minimum periods are set out in the table below. Remember that reaching the end of that period is only half of what a Paragraph 18 review needs.
No. A review based on expired time alone will not succeed. The application has to show genuine further reflection on the original facts, together with evidence of the steps you have taken in the meantime to reduce any risk of future harm to vulnerable groups. That evidence is the substance of the application, and it usually takes work to assemble properly.
You need advice before applying to the DBS to review a barring decision because the downside of getting it wrong is severe. If a review fails, the DBS can impose a further prescribed minimum period before you may apply again, which can mean waiting another ten years. Advice on the merits before anything is submitted is far cheaper than a decade of waiting.
I advise anyone previously barred on whether a review is available to them, which route fits their situation, and whether the application is likely to succeed as things stand. If it is not yet strong enough, I will tell you what would strengthen it. If it is, I will act for you throughout.
Minimum period before a Paragraph 18 review can be made
| Age when barred | Earliest review |
|---|---|
| Under 18 | 1 year |
| 18 to 24 | 5 years |
| Over 24 | 10 years |
These periods apply to Paragraph 18 reviews only. A Paragraph 18A review can be made at any time if new information, a DBS error or a change in circumstances applies.
What I do for you
- I tell you which route is open to you, and whether an application is strong enough to make yet.
- I set out what evidence of changed circumstances the DBS looks for, and help you build it before applying.
- I prepare and submit the application, and deal with the DBS throughout.
- Everything is agreed on a fixed fee before any work starts, and there is no VAT to add.
148 cases won since 2021
Every outcome is published, with the profession involved and the allegation that was made. Here are some of the most recent.
| Date | Profession | Outcome |
|---|---|---|
| July 2023 | RAF Staff Cadet (Historical Review) | Successful representations against inclusion on Children's Barred list |
| June 2023 | Section Leader- The Scout Association (Historical Review) | Successful representations against inclusion on Children's Barred list |
| August 2026 | Night Care Assistant | Successful representations to prevent inclusion on the Adults' Barred List following dismissal for allegations of sleeping on duty and fabricating records |
| August 2026 | Support Worker | Successful representations to remove Disclosure from DBS certificate, resulting in a clear certificate |
| July 2026 | Foster Carer | Successful representations to remove Disclosure from DBS certificate, resulting in a clear certificate |
| July 2026 | Teacher | Successful representations against inclusion on Children's Barred List and Adults' Barred List following court conviction |
Related situations
I want to appeal a decision to bar me
A barring decision can be appealed to the Upper Tribunal on a point of law or a mistake of fact, but permission is needed and the time limits are strict.
I've just found out I'm on a barred list
Barred without ever being told? You may be able to ask the DBS to accept late representations, but you must stop working in regulated activity now.
I've received a Minded to Bar letter from the DBS
The DBS has made a preliminary decision to include you on a barred list. Your written representations are usually your one real chance to change that.
I'm facing the DBS and my professional regulator
Investigations or proceedings by direct regulators, for example the NMC, GMC, HCPC, TRA or Social Work England, can run alongside a DBS investigation. What you say to one can be shared with the other.
Talk to me before you reply to anything
The first conversation is free and it costs you nothing to find out where you stand. Whatever you have been sent, I have almost certainly seen it before.