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Heading
MM v Decision and Barring Service
[2023] UKUT 275 (AAC)
IN THE UPPER TRIBUNAL Appeal No UA-2022-000563-V
ADMINISTRATIVE APPEALS CHAMBER
Between:
MM
Appellant
- v –
DBS
Respondent
Before: Upper Tribunal Judge Church, and Tribunal Members Graham and Jacoby
Decided following an oral hearing at Field House, London on 5 October 2023
Representation:
Appellant: Mr Robert Kitching of counsel (instructed by Ms Louise Straw of Burton Copeland LLP)
Respondent: Mr Benjamin Gray of counsel (instructed by Mr Gajandran Balachandran of DLA Piper LLP)
DECISION
- Heading
- On appeal from the Disclosure and Barring Service ( “DBS” )
- Factual background
- The statutory framework
- Duty to maintain the Barred Lists
- Criteria for inclusion in the Barred Lists
- Appeals of decisions to include, or not to remove, persons in the Barred Lists
- The authorities on the Upper Tribunal’s jurisdiction
- The agreed facts
- MM’s grounds of appeal
- The appeal hearing
- The oral evidence
- Section 12
- Discussion
- Ground 2 – was inclusion in the children’s barred list irrational or disproportionate?
- Conclusions