News

Being placed on the Disclosure and Barring Service (DBS) Barred Lists can have devastating consequences. For JW, a dedicated care assistant with 25 years of experience, a DBS decision barred her from regulated activity within the care industry. However, with the help of Duncan Lewis Solicitors, she successfully challenged her inclusion on the Barred Lists, securing a significant victory that allowed her to continue working in the profession that she loved.

Background

In 2022, JW, an experienced care assistant with 25 years in the industry, was working in supported living accommodation when she became the subject of an internal investigation. The investigation stemmed from incidents involving JW holding a vulnerable adult’s door closed and making adverse comments about their behaviour. Following the investigation, JW’s employer terminated her contract of employment on the grounds of gross misconduct and referred her to the Disclosure and Barring Service (DBS).

The DBS subsequently informed JW that it was considering placing her on both the Children’s and Adult’s Barred Lists. Determined to challenge this, JW submitted her own representations to the DBS in an effort to prevent her inclusion. Despite her efforts, the DBS ultimately placed her on both Barred Lists, preventing her from undertaking regulated activity in the care sector.

Seeking legal assistance, JW turned to Duncan Lewis Solicitors for expert representation

How We Helped

After a careful review of JW’s case, our legal team identified errors in the DBS’ decision-making. Specifically, the DBS’s findings had failed to consider important context regarding the incidents in question. This included evidence of management dysfunction at the care home, which played a crucial role in the situation.

We advised JW of her legal right to appeal the decision in the Upper Tribunal (Administrative Appeals Chamber). Our team supported JW in preparing her case and represented her in all aspects of the appeal; including successfully securing permission to bring the appeal by the Upper Tribunal.

The Outcome

Following an attended oral hearing before a three-member panel, at which evidence was heard and submissions made, the Upper Tribunal allowed the appeal. The panel directed the DBS to reconsider JW’s case for a new decision based on the facts found by the Upper Tribunal, particularly the management issues within the care home, which were relevant context to the incidents under review.

Upon review, the DBS removed JW from both Barred Lists, allowing her to fully resume her career.

Read the full judgement here

Duncan Lewis Solicitors

At Duncan Lewis Solicitors, our experienced public law team has a proven track record of successfully representing individuals in challenging DBS barring decisions. We offer expert advice on responding to DBS referrals and representation; legal representation for appeals to the Upper Tribunals; and assistance with DBS reviews and reconsiderations. We can assess eligibility for Legal Aid and also provide affordable fixed-fee services for those ineligible for public funding.

Contact us today at 03337720409 for expert legal guidance

About the Author

Demi Arnold is a Solicitor at Duncan Lewis Solicitors, based in the Leeds office. She has experience representing clients in public law and court of protection proceedings. Her expertise includes handling appeals in the Upper Tribunal against Disclosure and Barring Service (DBS) decisions and applications in the Court of Protection on behalf of individuals and family members.

For advice contact Demi via email at DemiA@duncanlewis.com or via telephone on 0203 1141 220.