IN THE UPPER TRIBUNAL (ADMINISTRATIVE AP...

in the Upper Tribunal (Administrative A.P...

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in the Upper Tribunal (Administrative Appeals Chamber)

Case Reference: U.A-2025 to 002032-V

Between:Chloe Anne Shanks (Applicant)

and -

Disclosure and Barring Service (Respondent)

Applicant's Reply to the Respondent's Application to Refuse Permission to Appeal

Dated: 21st May 2026

1. Introduction

I am the Applicant in this matter. On 22nd August 2022, the Disclosure and Barring Service made a decision to include me on both the adults' barred list and the children's barred list. I applied for permission to appeal that decision on 16 December 2025.

The D.B.S has raised an objection that my application is made out of time, being approximately 3 years and 4 months after the decision date. They submit that the reasons I originally provided do not sufficiently justify the delay and ask the Tribunal to refuse my permission to appeal.

I respectfully ask the Tribunal to reject the D.B.S's application, to extend the time limit for appealing, and to allow my appeal to proceed. I accept that the appeal was made outside the standard 3-month period, but I submit that the full circumstances of this case make it just and equitable to extend time. My inability to act sooner was not due to negligence or lack of care but was the direct result of severe, long-standing mental health difficulties, multiple traumatic events, and the devastating impact of the decision upon me at that time. As explained below, due to my mental health and cognitive functioning at the time, I lacked the capacity to process complex legal information and therefore could not take the necessary action within the standard timeframe. This position is fully supported by the medical evidence and official documentation provided.

Documents enclosed with this reply:

Full medical records covering the period from 2022 to February 2026.

A patient summary from my G.P.

A patient summary from my local mental health team.

A supporting letter from Universal Credit.

A character reference from my previous manager at Eden Futures, where I worked immediately prior to my role at Comfort Call.

My Personal Independent Payment (P.I.P) decision letter, which confirms I was awarded the standard rate for daily living needs and the enhanced rate for mobility needs. This decision clearly demonstrates the extent to which my conditions impacted my daily functioning, my ability to manage my own affairs, and my cognitive capacity during the relevant period.

An employee award from my employer prior to Comfort Call, evidencing my positive work history and conduct.

A thank you letter from Helpforce, on behalf of the N.H.S, thanking me for my service as an N.H.S volunteer in 2019.

Copies of all three certificates I have completed since the incident, demonstrating my commitment to learning and professional standards.

Personal Statement:I am a person who has spent my career caring for and supporting vulnerable people. I have made a serious mistake which I deeply regret, and I have never sought to excuse my actions. However, I have worked incredibly hard since that time to learn, to recover, and to become a safer, more responsible person. Being barred from working for life takes away my ability to work, support myself financially, and contribute to my community. Given the severe health struggles, trauma, and lack of diagnosis I faced at the time this decision was made, I believe it is fair and right that I am allowed to have my appeal heard and for the Tribunal to consider the full picture of who I am today.

2. Chronology of Events

22 August 2022:The D.B.S issued the decision letter placing me on both barred lists. This followed an incident where I took a photo, in which a service user was in the background. This single decision changed the entire course of my life and had a catastrophic impact on my wellbeing.

When I received the initial notification, I was in such a state of shock, fear, and overwhelming guilt that I could not bring myself to fully read or understand it. All I saw were the words “barred”. The impact of that alone consumed me completely. Due to my mental health and cognitive impairment at that time, I lacked the capacity to process complex legal information, including time limits and my rights, and therefore was unable to take appropriate action. This is evidenced by my medical history and official assessments.

When the final decision letter arrived, I could not even open it. The trauma of what it contained was too great to bear. I lost the letter shortly after, and I never found the courage or capacity to seek it out or read it properly until very recently.

Immediately after receiving this news, I withdrew completely. I would not leave the house, I would not speak to anybody, and I shut down entirely. This state of isolation and inability to cope lasted for a very long time.

Following the incident being reported:I took immediate responsibility. I apologised directly to staff and to the service user involved individually, and I voluntarily stepped down from my role. I knew I had made a terrible decision and wanted to do the right thing. I recognise now that my judgement at that time was significantly impaired by my conditions, I was easily influenced by others, and I did not think or act independently. Since then, I have grown significantly, developed my own sense of identity, and learned to make safe, considered decisions.

August 2022 – Present:During this entire period, I suffered from severe and complex mental health difficulties, rooted in long-term conditions and recent trauma. I was unable to process official correspondence or understand legal procedures. I was in survival mode only and lacked the capacity to take administrative steps or pursue an appeal.

My Diagnostic History and Ongoing Conditions:It is essential for the Tribunal to understand the full picture of my health, as this directly explains my inability to act:

Anxiety and Depression: Diagnosed in 2013 and continuing to the present day. These conditions have been persistent and severe, affecting my mood, motivation, and ability to engage with the world.

P.T.S.D (Bereavement): Diagnosed following the death of my sister in 2017, and this remains a significant condition affecting me to the present day. This trauma was unresolved and made me highly vulnerable to further distress.

P.T.S.D (Road Traffic Collision): Diagnosed following a serious car crash in 2022, which occurred shortly before the D.B.S decision. This added acute trauma and severe psychological distress exactly at the time I received the notification regarding my barring.

A.D.H.D: Diagnosed in June 2026, and confirmed as a lifelong condition. This explains significant cognitive difficulties, including executive dysfunction, difficulty processing information, poor working memory, and struggles with planning and understanding complex instructions – all of which were present and undiagnosed in 2022.

2022 – 2025:I struggled to access appropriate care. My symptoms were frequently dismissed or misdiagnosed; professionals did not initially recognise the extent of my cognitive difficulties or the impact of complex trauma. I was left without the correct support or advocacy to help me understand my options or meet deadlines. I was referred for assessments, but faced extremely long waiting lists, meaning I did not receive clarity or treatment until very recently.

During this recovery period, determined to prove that I am not defined by that single moment and to demonstrate my commitment to returning to safe and responsible work, I undertook significant training and education:

I completed the N.C.F.E cache Level 2 Certificate in Understanding Dignity and Safeguarding in Adult Health and Social Care. Through this course, I gained a detailed understanding of the principles of dignity, how to recognise abuse or harm, and the relevant legislation and frameworks designed to protect vulnerable people.

I completed the Level 3 Certificate in the Principles of Special Educational Needs. This helped me understand how to support individuals with specific needs and the duties of care required in such roles.

I completed C.P.R and Defibrillator Training with RevivR.

These qualifications were not just steps to improve my C.V; they were a deliberate effort to educate myself on safety, legal obligations, and best practice, ensuring that I understand the seriousness of my role should I be given the opportunity to work in care again.

Throughout this time, I faced multiple further stressors including a diagnosis of unexplained infertility. I am currently trying for I.V.F treatment, which adds immense pressure, compounded by weight struggles linked to my mental health and the requirements for treatment. These factors further impacted my ability to function and engage with formal processes.

Recent developments – May 2026:I recently received copies of all of my records and correspondence. This was the very first time I was able to read through the full decision from 2022 properly and in detail. It was an incredibly emotional experience, but reading the content and the date made me realise that I still had a chance to challenge this outcome. I am committed to doing anything possible to get this decision overturned and to prove how much I have changed.

October 2025 – December 2025:Only recently, having made progress in my recovery, completed my training, and finally sought specific advice about my legal rights, did I begin to fully understand that I could challenge the decision. As soon as I was able to comprehend the process and gather the strength to proceed, I submitted my application on 16 December 2025.

I submit that at every stage, I acted as soon as my personal circumstances, trauma, and health permitted. There was no unnecessary delay on my part once I was well enough and informed enough to act.

3. Grounds in Support of Extension of Time

I ask the Tribunal to exercise its discretion to extend time for the following reasons:

The delay was caused entirely by circumstances beyond my control, specifically severe mental illness, complex trauma, and undiagnosed neurodivergence. These conditions directly removed my capacity to understand, process, or act upon legal information or deadlines.

There is a clear, direct, and unbroken link between my medical state at the relevant time and my failure to appeal within the standard period. This is fully evidenced by my medical records, patient summaries, and my P.I.P award decision, which confirms the high level of support I required.

I acted immediately upon gaining capacity, insight, and understanding of my rights. There has been no delay once I was able to engage.

There is no prejudice to the Respondent or any other party in allowing this appeal. The evidence is still available, and my conduct since the decision demonstrates that I have addressed the issues that led to it.

Refusing an extension would result in a permanent, disproportionate penalty — being barred from my chosen career for life — when the reason I missed the deadline was not carelessness or choice, but severe illness and trauma. It would be unjust to hold my health conditions against me in this way.

4. Reasons for the Delay

The primary reason for the delay in appealing is my severe, long-standing mental health conditions and cognitive impairments, compounded by multiple traumatic events, the devastating impact of the D.B.S decision itself, and a failure by services to correctly diagnose or support me at the time. I explain below how these factors directly prevented me from appealing within the initial 3-month period.

A) My Mental Health, Diagnosis, and Capacity at the Time

My health history is long and complex. I have lived with anxiety and depression since 2013, P.T.S.D following the loss of my sister in 2017, and P.T.S.D following a serious road traffic collision in 2022. I have recently received a formal diagnosis of A.D.H.D in June 2026, which clarifies the significant cognitive difficulties I have always experienced, including executive dysfunction, difficulty processing complex information, and impaired decision-making. A.D.H.D affects executive function — this means I struggle to understand instructions, manage time, or complete tasks when I am distressed. This is exactly why I missed the deadline; it was not laziness or lack of care, it was a cognitive impairment.

In 2022, following the decision, my functioning was severely impaired. I was in a state of acute distress, shock, and overwhelming guilt, compounded by the recent trauma of my car crash. Due to my conditions – particularly my then undiagnosed A.D.H.D and severe P.T.S.D – I lacked the cognitive capacity to process complex legal information, manage paperwork, or understand legal obligations.

My ability to make decisions or plan for the future was completely absent. This is corroborated by my medical records, patient summaries, and my P.I.P award, which confirms high-level support needs.

I did not understand that there was a strict time limit to appeal. Due to my mental state and cognitive impairment, I viewed the letters only as devastating news, not as documents requiring urgent action. I lacked the capacity to grasp that I had rights or a way to challenge what was happening.

B) Impact of Trauma and Avoidance

The decision to place me on the barred lists was catastrophic; it stripped me of my career and my reputation. When the letters arrived, I was too traumatised to open or read them fully. I lost the documentation and could not face dealing with the reality of what it meant for my life.

I withdrew completely. I did not engage with official bodies or seek advice because I was simply surviving day-to-day. Every thought of the matter triggered extreme distress and panic. I was simply not capable of navigating an appeal process at that time.

C) Lack of Appropriate Support and Understanding

For a long time, my symptoms were dismissed or misdiagnosed. Professionals did not recognise the extent of my cognitive difficulties or the reasons why I could not manage administrative tasks. I was left without the correct support or advocacy to help me understand my options or meet deadlines.

It is only recently, as my health has improved, I have received formal diagnoses including A.D.H.D, and I have gained better insight into my conditions, that I have been able to understand what happened, what was required of me, and that I still have a path forward.

D) Direct Link Between Health and the Delay

August 2022: I was unwell, in shock, and lacked the capacity to process or act upon the information provided. I could not understand the 3-month limit or the steps I needed to take.

2022 to 2025: My condition meant I remained unable to handle legal matters or face the trauma of the decision. I focused instead on my recovery and self-improvement.

When I finally acted: Only recently, as I began to understand my own conditions better, completed my training, and realised that help might finally be available, did I feel able to seek advice specifically about the appeal process. As soon as I understood that I could challenge this decision, I acted immediately to submit my appeal. There has been no further delay once I was well enough, informed enough, and emotionally strong enough to handle the process.

5. Reflection on the Incident and Personal Growth

Looking back at what happened, I have reflected deeply. I have put myself in the shoes of the service user and their family, and I know that what happened was not acceptable. If that had been a member of my own family, I would have been deeply upset and concerned. I understand now the full impact and seriousness of my actions, and I carry that understanding with me every day.

At the time, my judgement was significantly impaired by my undiagnosed conditions and trauma. I was easily influenced by others. I did not have the maturity or confidence to make independent, safe decisions. Since then, I have grown significantly.

I have taken steps to educate myself, specifically completing qualifications such as the N.C.F.E cache Level 2 Certificate in Understanding Dignity and Safeguarding, through which I have learned about the legal frameworks, responsibilities, and standards required to protect vulnerable people. I now have a clear understanding of dignity, safeguarding principles, and my duty of care. I have developed my own judgement, values, and resilience, and I am confident that I would never make such a mistake again.

Prior to this incident, I had an unblemished record and was trusted to care for vulnerable people for a long time. This is evidenced by the employee award from my previous employer and the thank you letter from the N.H.S Helpforce. This one moment does not define my entire character or my capability, but it has taught me invaluable lessons about responsibility and safety.

6. Response to the D.B.S'S Objections

The D.B.S argues that my application is out of time and that the reasons for the delay are not sufficient. I respectfully disagree and ask the Tribunal to consider the following points:

The delay was caused by my health and trauma, not negligence. As verified by my medical records, patient summaries, and my P.I.P decision letter (which awards enhanced mobility and standard daily living rates), I was not functioning normally, could not process complex information, and withdrew completely. I lacked the capacity to understand or pursue an appeal within the time limit. My recent diagnosis of A.D.H.D further explains why administrative tasks and understanding deadlines were impossible for me at that time.

I have taken full responsibility and worked to improve. I apologised immediately, stepped down voluntarily, and completed relevant qualifications to prove my commitment to safe care and to demonstrate that I now fully understand the relevant legislation and safeguarding duties. My positive work history and voluntary service further evidence my good character.

There is good reason to extend time. The circumstances were entirely beyond my control. I acted immediately once I was able, and there is no prejudice to the D.B.S or any other party in allowing this appeal to proceed. It would be unjust to bar me forever simply because I was too unwell, too traumatised, and lacked the necessary diagnosis and support to act sooner.

7. Strength of my Appeal

This appeal is not only about the delay; it is about fairness and proportionality.

The incident was a terrible choice, made without harmful intent, but one I now fully understand was completely unacceptable.

I had an unblemished record prior to this incident, evidenced by awards and positive feedback, and was trusted in my role for a significant period.

I have reflected deeply, matured significantly, and changed the way I think and act. I have educated myself on safeguarding, dignity, and the law.

I have taken every possible step to learn, improve, and demonstrate that I am safe, capable, and suitable to work.

Being barred from working for life is a disproportionate outcome given my remorse, my efforts to change, and my history of good care. I am determined to prove that I am not a danger to anyone, and that I can be trusted again.

8. Conclusion

I submit that the delay in bringing this appeal was caused solely by my severe and long-standing mental health struggles, multiple traw-muz, undiagnosed neurodivergence, and my inability to cope or understand the process at the time. This is fully supported by the medical records, patient summaries, official benefit decisions, and supporting documents attached.

Reading the full decision recently was painful, but it also gave me clarity and renewed purpose. I know now what is said about me, and I know I have the chance to show that this one event does not define who I am today. I have grown, I have learned, and I have changed.

I have acted responsibly at every stage, taken accountability, and worked tirelessly to become a better person and to understand my professional duties. I respectfully ask the Tribunal to exercise its discretion to extend time, to allow my appeal to be heard, and to consider the full picture of my health, my remorse, and my efforts to change.

Please find attached:

Full medical records: 2022 – February 2026

Patient summary from G.P

Patient summary from local mental health team

Supporting letter from Universal Credit

Character reference from previous manager (Eden Futures)

Personal Independent Payment (P.I.P) decision letter (confirming standard daily living and enhanced mobility award)

Employee award from pre-Comfort Call employer

N.H.S Helpforce thank you letter (2019)

Copies of completed training certificates: Safeguarding, Special Educational Needs, First Aid/C.P.R

Yours sincerely,

Chloe Anne Shanks

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