By Nathalie Potter, 26th April 2023
Head of Olliers’ DBS Department, Nathalie Potter, considers the circumstances when it may be possible to seek a review of your inclusion on the DBS Barred List under Paragraph 18A
We can apply to the Disclosure and Barring Service to review a case at any time under the following powers:
- Where a person does not meet the test for regulated activity;
- Where certain statutory conditions are met; or
- Where a person requests a review after a minimum barring period.
Point 1 – Where a person does not meet the test for regulated activity:
Should there be a question over your eligibility for working in regulated activity, we may request that the Disclosure and Barring Service review your position on the barred list. For instance, if you are not looking to work in regulated activity (that being with vulnerable adults or children) there would be no requirement to place you on the barred list.
Point 2 – Where certain statutory conditions are met:
We can request the Disclosure and Barring Service review your case if we are able to provide them with:
- Information they did not have at the time of originally placing you on the barred list;
- Information pertaining to a change in your circumstances
- Information that the Disclosure and Barring Service have made an error. To make this point clear, we cannot raise a Paragraph 18A Review on the basis that you simply disagree with their decision – this does not constitute an error on their part. The DBS must have made an error in the consideration of either your representations or the interpretation of the referrer’s original evidence provided.
The strongest of cases would be to provide the Disclosure and Barring Service with further information that you may not have considered to be of importance. This could include (but is not limited to) evidence such as specialist assessments; medical reports; probation reports; successful appeals against criminal convictions; successful appeals against other regulatory bodies in relation to fitness to practice hearings (NMC/GMC/GDC/HCPC/TRA etc), details of work undertaken since inclusion on the barred list and testimonials or character statements in support of the removal from the barred list.
Point 3 – Where a person requests a review after the minimum barring period:
We can apply for permission to have your case reviewed if you have served the minimum barred time which is dependent upon your age at the time of being barred:
- If aged under 18 the minimum barring period is one year
- If aged between 18 – 24 the minimum barring period is five years
- If aged 25 or over the minimum barring period is ten years
If instructed, we will need to consider the Minded to Bar Letter together with your response and the DBS final decision letter. We would also need a consultation with you to ensure we fully understand the points you wish to make and to advise on what further or new information we wish to provide to support our application to review your case.
If the Disclosure and Barring Service is satisfied that your case warrants a review they will undertake the same and advise whether they have removed you from the barred list/s or not.
How can we help?
Should the Disclosure and Barring Service still wish to include you, we can undertake an appeal on your behalf, please see our appeal page for more details. Contact us by telephone on 0161 834 1515, by email to info@ollierssolicitors.com or complete the form below.
