Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 401 (AAC)

Fecha: 10-Ene-2024

The decision of the Upper Tribunal is to DISMISS the appeal

The decision of the Upper Tribunal is to DISMISS the appeal.

The decisions of the Disclosure and Barring Service (ref. 00929482397) to include the Appellant on the list of persons barred from working with children, and the list of persons barred from working with children, maintained under the Vulnerable Groups Act 2006, involved neither an error of fact nor of law. Under section 4(5) of the 2006 Act, the Upper Tribunal CONFIRMS the DBS’ decisions.

ORDER UNDER RULE 14 of the TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2018

Under rule 14(1)(b) of the 2018 Rules, the Upper Tribunal makes an order prohibiting the disclosure or publication of any matter likely to lead members of the public to identify the Appellant’s daughter (referred to in these reasons as ‘D’), or to identify the Appellant (referred to as MM), as persons connected to these proceedings.

REASONS FOR DECISION

Background

Brief chronology

The Appellant’s daughter, whom we refer to as ‘D in these reasons’, was born in 2003. D’s parents separated in 2009 and subsequently divorced. D remained living with her mother, the Appellant. Both parties agree that in 2014, when D was aged about 11, her behaviour deteriorated. In June or July 2015, D left her mother’s home and lived with her father for 17 months before returning to reside with her mother. In April 2017, a few weeks after returning to live with her mother, D was admitted, on a voluntary basis, to a secure mental health facility. D resisted returning to live with her mother and was instead placed in foster care. This was a voluntary placement, under section 20 of the Children Act 1989, rather than under a care order. D remained in foster care and did not return to either her mother’s or father’s care.