[2024] UKUT 052 (AAC)

Between:

DAK

Appellant

- v -

Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge Wikeley, Mr Akinleye and Mr Graham

Representation:

Appellant: Ms L Herbert of Counsel

Respondent: Mr A Serr of Counsel, instructed by DLA Piper UK LLP

On appeal from:

DBS ID number: P0004K4IOVY

Customer reference: 00962639108

Decision Date: 21 September 2022

RULE 14 Order

The Upper Tribunal has made an order prohibiting the disclosure or publication of the names of certain individuals or any matter likely to lead members of the public to identify those individuals or the care agency concerned; see pages 226-228 of the Upper Tribunal bundle for details of these orders.

SUMMARY OF DECISION

KEYWORD NAME (Keyword Number)

65.1 Safeguarding Vulnerable Groups – children’s barred list

Judicial summary

The Disclosure and Barring Service (the DBS) included the Appellant on both barred lists following an incident during the night shift at a care home, although her name was later removed by the DBS from the Children’s Barred List. The evidence relied upon by the DBS was weak, much of it being untested second or third hand hearsay. The Appellant (and her shift leader) gave extensive oral evidence before the Upper Tribunal, which was tested under cross-examination. In the light of the fresh evidence before it, the Upper Tribunal found that the DBS had based its decision to bar the Appellant on material mistakes of fact. The Upper Tribunal directed the DBS to remove the Appellant’s name from the Adults’ Barred List.

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 panel follow.

DECISION