[2025] UKUT 329 (AAC)

Judicial summary

DBS gave inadequate reasons for deciding that it was appropriate to include the Appellant on the children’s barred list where the only evidence before DBS concerned the Appellant’s two police cautions, and one conviction, for offences of threatening behaviour or violence committed between 2000 and 2004.

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 Upper Tribunal panel follow.

DECISION

The decision of the Upper Tribunal is to allow the appeal because Disclosure and Barring Service made a mistake of law. Under section 4(6)(b) of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal remits this matter to DBS for a new decision. By virtue of section 4(7)(b) of the 2006 Act, the Appellant is removed from the children’s barred list until the DBS make a new decision.

REASONS FOR DECISION

Introduction