Written 26th April 2023 by Nathalie Potter
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.
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
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@olliers.com or complete the form below.- About the Author
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Nathalie Potter( Head of Disclosure & Barring Service (DBS) Department )
Nathalie is an integral part of Olliers having been with the firm for more than 15 years. Nathalie is a key member of the Business Development Team and is able to guide clients in relation to the processes of the criminal justice system, timescales and advise how Olliers can advise and assist as a case progresses.