Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 041 (AAC)

Fecha: 09-Jun-2022

On appeal from the Disclosure and Barring Service (the “DBS”)

DBS Reference: 00946687833

Final Decision Letter: 20 October 2021

This decision is given under section 4 of the Safeguarding Vulnerable Groups Act 2006 (the “SVGA”).

The decision of the Upper Tribunal is to ALLOW the appeal and REMIT the matter to the DBS for a new decision.

The decision of the DBS communicated by letter dated 20 October 2021 to place the Appellant’s name on the Adults’ Barred List and the Children’s Barred List was based on a material mistake of fact.

Pursuant to sections 4(6)(b) and (7)(a) and (b) of the SVGA, the Upper Tribunal remits the matter to the DBS for a new decision and directs that the appellant’s name is removed from both lists until the DBS makes its new decision.

REASONS

Introduction

The Appellant (also referred to as “AA”) appeals to the Upper Tribunal against the decision of the Respondent (the Disclosure and Barring Service or “DBS”) to include her name in the Children’s Barred List (“CBL”) and the Adults’ Barred List (“ABL”) in accordance with paragraphs 3 and 9 (respectively) of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (“the Act”). This decision was communicated to the Appellant in a Final Decision Letter (“FDL”) dated 20 October 2021.

Permission to appeal was granted on 9 June 2022 on limited grounds. An oral hearing of the appeal took place before the Upper Tribunal in The Rolls Building, Royal Courts of Justice, London on 3 September 2024. The Appellant was present and was represented by Mr B. Odebo, a lay representative. The Respondent was represented by Ms K. Elliot of Counsel. We, the panel of the Upper Tribunal constituted to hear this appeal (also referred to as “the tribunal” or “the panel”), are very grateful to both representatives for their written and oral submissions in this matter.

Throughout this decision, numbers in square brackets (“[ ]”) refer to pages within the Upper Tribunal bundle of documents in this appeal.