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The statutory framework
The statutory framework
DBS was established by the Protection of Freedoms Act 2012, taking on the functions of the Criminal Records Bureau and the Independent Safeguarding Authority. One of its main functions is the maintenance of the children’s barred list and the adults’ barred list (the “Barred Lists”, and each a “Barred List”). Its power and duty to do so arises under the Safeguarding Vulnerable Groups Act 2006 (the “2006 Act”).
- 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