Care Worker's Career Protected for a Second Time After Duncan Lewis Prevents Enhanced DBS Disclosure (19 August 2026)

A care worker who successfully overturned her inclusion on the Disclosure and Barring Service (DBS) Barred Lists has secured a second major victory after Duncan Lewis Solicitors prevented damaging information from being included on her Enhanced DBS Certificate.

After helping our client return to the career she loves, our specialist public law team successfully persuaded the police not to disclose details of the same historic incident that had previously led to her being barred from regulated activity.

Had the information appeared on her Enhanced DBS Certificate, it could have had devastating consequences for her career despite the Upper Tribunal having already ruled in her favour.

A Career Put at Risk – Again

In 2025, Duncan Lewis Solicitors successfully represented our client before the Upper Tribunal (Administrative Appeals Chamber), overturning the DBS's decision to place her on both the Children's and Adults' Barred Lists.

The Tribunal found that the DBS had failed to take account of crucial contextual evidence, including serious management failings within the care home where our client had worked. Following the Tribunal's decision, the DBS reconsidered the case and removed her from both Barred Lists, allowing her to return to the care profession she had dedicated more than 25 years to.

For our client, the decision marked the end of an incredibly stressful chapter and the opportunity to rebuild the career she loved.

However, that relief was short-lived.

In May 2026, she received a letter from the police informing her that it was considering disclosing details of the same incident on her Enhanced DBS Certificate.

Although entirely separate from the DBS barring process, the inclusion of adverse local police information on an Enhanced DBS Certificate can have a significant impact on a person's ability to obtain or retain employment in regulated professions. In our client's case, it threatened to undo everything she had fought so hard to achieve.

Challenging the Proposed Disclosure

Duncan Lewis Solicitors acted swiftly to prepare comprehensive representations to the relevant police force.

We argued that including the proposed information would present an incomplete and misleading picture of the events. The incident had already been scrutinised in detail by the Upper Tribunal, which accepted our client's evidence and found that she had been working in an exceptionally difficult environment created by systemic management failings.

The Tribunal concluded that our client's actions were motivated by the need to de-escalate a challenging situation and protect both herself and the vulnerable adult involved, rather than by misconduct.

Our representations explained that disclosing the incident without this crucial context would unfairly undermine both the Tribunal's findings and the DBS's subsequent decision to remove our client from the Barred Lists. We also argued that disclosure would disproportionately interfere with her ability to continue the career she had successfully returned to following her appeal.

Police Decide Against Disclosure

Following a full review of our representations and the Upper Tribunal judgment, the police confirmed that it had decided not to disclose the information on our client's Enhanced DBS Certificate.

The decision-maker also confirmed that the Upper Tribunal judgment had not previously been available during the disclosure process. Once this information had been considered alongside our detailed representations, it was decided that the proposed disclosure should not be made.

The decision means our client can continue working in the profession she loves without misleading or incomplete information appearing on her Enhanced DBS Certificate.

Why This Matters

This case highlights that a successful appeal against a DBS barring decision is not always the end of the process.

Individuals may still receive notification that police are considering including local information on an Enhanced DBS Certificate. However, they are often entitled to make representations before a final decision is reached.

As this case demonstrates, those representations can make all the difference where important context has not previously been considered.

Demi Arnold Comments

Demi Arnold, Solicitor at Duncan Lewis Solicitors, said:

"After everything our client had already been through, receiving another letter placing her career at risk was understandably devastating.

We had successfully challenged the DBS's decision and helped her return to the profession she has dedicated more than 25 years to. The prospect of the same allegations then appearing on her Enhanced DBS Certificate had the potential to undo all of that.

We're delighted that the police carefully considered our representations and the findings of the Upper Tribunal before reaching its decision. This outcome means our client can continue doing the job she loves without the fear that incomplete or misleading information will stand in the way of her future.

This case also demonstrates that individuals should not assume a proposed Enhanced DBS disclosure is inevitable. There is often an opportunity to make representations, and obtaining specialist legal advice at an early stage can make a significant difference to the outcome."

Duncan Lewis Solicitors

Our specialist Public Law team has extensive experience advising individuals on all aspects of Disclosure and Barring Service matters, including DBS referrals, Barred List decisions, Enhanced DBS disclosures and appeals to the Upper Tribunal.

If you have received notification that information may be included on your Enhanced DBS Certificate, or you are seeking to challenge a DBS barring decision, our team can advise you on your options and provide expert representation throughout the process.

To speak to one of our specialists, contact Duncan Lewis Solicitors on 0333 772 0409.

About the Author

Demi Arnold is a Solicitor in the Public Law department at Duncan Lewis Solicitors, based in the Leeds office. She specialises in Disclosure and Barring Service matters, including DBS barring decisions, Enhanced DBS disclosures and appeals to the Upper Tribunal. Demi also represents clients in Court of Protection proceedings on behalf of individuals and family members.

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