The statutory framework
The statutory framework
Because the nature and extent of the Upper Tribunal’s jurisdiction and powers in relation to appeals against barring decisions is somewhat unusual, we set out below an outline of the statutory framework for appeals such as this.
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
- The decision of the Upper Tribunal is to DISMISS the appeal: the Disclosure and Barring Service (“DBS”) has not, in making its decision of 26 May 2022 to include the Appellant’s name in the Adults’ Ba
- Factual background
- The statutory framework
- Appeals of decisions to include, or not to remove, persons in the Barred Lists
- The recent authorities on the Upper Tribunal’s “mistake of fact” jurisdiction
- Conclusions
![[2024] UKUT 129 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)