Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 239 (AAC)

Fecha: 10-Jul-2024

The decision of the Upper Tribunal is to dismiss the appeal of the Appellant

The decision of the Upper Tribunal is to dismiss the appeal of the Appellant.

The decision of the Disclosure and Barring Service taken on 29 April 2022 to include the Appellant’s name on the Children’s and Adults’ Barred Lists did not involve any mistake on a point of law nor was it based upon material mistakes in findings of fact. The decision of the DBS is confirmed. This decision is given under section 4(5) of the Safeguarding Vulnerable Groups Act 2006.

The Upper Tribunal has already made anonymity orders on 10 October 2022 directing that there is to be no publication of any matter or disclosure of any documents likely to lead members of the public directly or indirectly to identify the Appellant, witnesses, complainants or any person who has been involved in the circumstances giving rise to this appeal. The anonymity order and directions were made rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

Introduction

The Appellant (also referred to as ‘GR’) appeals to the Upper Tribunal against the decision of the Respondent (the Disclosure and Barring Service or ‘DBS’) dated 29 April 2022 to include her name on the Children’s Barred List (‘CBL’) and vulnerable Adults’ Barred List (‘ABL’) pursuant to paragraphs 3 and 9 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (“the Act”).

Permission to appeal to the Upper Tribunal (‘UT’) was granted by the Judge on 9 January 2024 in respect of the grounds raised by the Appellant in the notice of appeal and at that permission hearing. In summary, the grounds of appeal were that each of the two findings that the Appellant committed relevant conduct were based on mistake of facts and there was a mistake of law– the DBS made a disproportionate decision to bar her from working with children and vulnerable adults.

We held a remote oral hearing of the appeal by CVP video software on 10 July 2024. The Appellant appeared and participated in person by giving oral evidence and making submissions.

The Respondent (the DBS) was represented at the hearing by Mr Ashley Serr of counsel. We are grateful to him and the Appellant for the quality of their written and oral submissions.