The decision of the Upper Tribunal is to allow this appeal in full and direct the DBS to remove JE’s name from both the Adult and Children’s Lists
The decision of the Upper Tribunal is to allow this appeal in full and direct the DBS to remove JE’s name from both the Adult and Children’s Lists.
REASONS FOR DECISION
Introductory matters
This is the Appellant’s appeal dated 7 November 2022 against the Disclosure and Barring Service’s final decision, dated 8 August 2022, to include her on the Children’s Barred List and the Adults’ Barred List under the Safeguarding Vulnerable Groups Act 2006 (‘the 2006 Act’).
We held an oral hearing of the full appeal at Field House in London on 1 November 2024. The Appellant attended in person and was represented by Mr Khan. Mr Webster of counsel appeared on behalf of the Respondent Disclosure and Barring Service (or ‘the DBS’).
The rule 14 Order on this appeal
We refer to the Appellant as JE in order to preserve her privacy and anonymity. For that same reason, we have not disturbed the rule 14 Order made by UT Judge Jacobs on 5 May 2023 and confirmed by him at the Oral Permission to Appeal hearing on 23 May 2024 and included at the head of this decision. We are satisfied that neither the Appellant nor anyone else involved should be identified in this decision, whether directly by name or indirectly. We are also satisfied more generally that any publication or disclosure that would tend to identify any person who has been involved in the circumstances giving rise to this appeal would be likely to cause serious harm to those persons. Having regard to the interests of justice, we were accordingly satisfied that it is proportionate to make the rule 14 Orders. Furthermore, to avoid the possibility of ‘jigsaw identification’ (by which we mean pieces of evidence might be put together to identify those concerned), we refer to the venue simply as ‘the care home”.
A brief summary of the background to this appeal
![[2024] UKUT 443 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)