[2025] UKUT 029 (AAC)

Appeal No. UA-2024-000498-V

Between:

JH

Appellant

- v -

DISCLOSURE AND BARRING SERVICE

Respondent

Before: Upper Tribunal Judge Stout, Tribunal Member Stuart-Cole and

Tribunal Member Hutchinson

Hearing date(s): 9 December 2024

Mode of hearing: By video (CVP)

Representation:

Appellant: Mr Yates (trade union representative)

Respondent: Mr Lewis (counsel)

On appeal from:

DBS ID number: P0007J5YF9N

Customer Ref: 01011825323

Decision Date: 5 January 2024

RULE 14 Order

Pursuant to rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, it is prohibited for any person to disclose or publish any matter likely to lead members of the public to identify: (i) the appellant in these proceedings; (ii) any other individual identified in the evidence before the Tribunal in these proceedings; and (iii) the name of the pre-school at which the appellant worked. This order does not apply to any person exercising statutory (including judicial) functions where knowledge of the matter is reasonably necessary for the proper exercise of the functions.

SUMMARY OF DECISION

SAFEGUARDING VULNERABLE GROUPS (65)

The Disclosure and Barring Service (DBS) included the appellant on the children’s barred list because it considered that, while working as an early years practitioner at a preschool, the appellant pulled a 4-year-old child by the hair in response to him pulling her hair. The Upper Tribunal finds that there was no mistake of law or fact in the decision of the Disclosure and Barring Service and confirms the decision.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION