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The statutory framework relating to barring
The statutory framework relating to barring
The DBS was established by the Protection of Freedoms Act 2012, taking on the functions of the Criminal Records Bureau and the Independent Safeguarding Authority. One of its main functions is the maintenance of the children’s barred list and the adults’ barred list (the “Barred Lists”, and each a “Barred List”). Its power and duty to do so arises under the SVGA.
- Heading
- On appeal from: Disclosure and Barring Service ( “DBS” )
- Factual background, and the decision under appeal
- The permission stage
- The Appellant’s perfected grounds of appeal
- The statutory framework relating to barring
- Duty to maintain the Barred Lists
- Criteria for inclusion in the Barred Lists
- Appeals of decisions to include, or not to remove, persons in the Barred Lists
- The recent authorities on the Upper Tribunal’s ‘mistake of fact’ jurisdiction
- The oral hearing of the substantive appeal
- Our assessment of AA’s oral evidence
- Why we have decided to allow the appeal
- Conclusions