Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 286 (AAC)

Fecha: 22-Jul-2024

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

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

The decision of the Disclosure and Barring Service taken on 6 June 2023 to include the Appellant’s name on the Adults’ Barred List was based upon material mistakes in findings of fact in relation to the first finding of relevant conduct and a mistake on a point of law in relation to the second finding of relevant conduct. The decision of the DBS is therefore remitted for a new decision under section 4(6)(b) of the Safeguarding Vulnerable Groups Act 2006 based upon the findings we have made for the purposes of section 4(7)(a). The Appellant is to remain on the list pending the fresh decision being made pursuant to section 4(7)(b) of the Act.

The Upper Tribunal makes anonymity orders 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 are made rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

Introduction

The Appellant (also referred to as ‘JLA’) appeals to the Upper Tribunal against the decision of the Respondent (the Disclosure and Barring Service or ‘DBS’) dated 6 June 2023 to include her name on the vulnerable Adults’ Barred List (‘ABL’) pursuant to paragraph 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 14 February 2024 in respect of the grounds raised by the Appellant in the notice of appeal. In summary, the grounds of appeal were that each of the findings that the Appellant committed relevant conduct were based on mistakes of fact. The UT Judge also granted permission on a ground of appeal that there was an arguable mistake of law – the DBS made an irrational and / or disproportionate decision to bar the Appellant from working with vulnerable adults.

The Tribunal held a in-person oral hearing of the appeal at Leeds Tribunal centre on 22 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 Remi Reichhold of counsel. We are grateful to him and the Appellant for the quality of their written and oral submissions.