[2025] UKUT 95 (AAC)

This is the Appellant’s appeal against the Disclosure and Barring Service’s (DBS from now on) final decision, dated 18 April 2024 [373-379] to include her on both the Adults’ and Children’s Barred List under Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (‘the 2006 Act’). That letter replaced the earlier decision letter of 3 March 2023 [95-101] which had only included her on the Adults’ barred list.

The appellant was granted permission on 30 September 2024 [410-11] to appeal, on the grounds that it was arguable that the DBS had made a mistake of fact and that the decision to place the Appellant on the Adults’ Barred List and Children’s Barred list was disproportionate. The appeal is opposed by the Respondent.

The Respondent considered that FKF met the criteria for regulated activity under the relevant provisions of the Safeguarding Vulnerable Groups Act 2006 (‘the SVGA’) by reason of her application for a role as a carer with Newbloom Healthcare on 30/3/22 and her application for a role as a driving instructor on 20 October 2023.

The appellant had lodged an appeal with the Upper Tribunal on 19 January 2024 [2-8] against the March 2023 decision but following the DBS issuing the April 2024 decision she was given the opportunity to provide further representations. She did so on 17 July 2024 [414-442] setting out further detailed grounds of appeal.

We held an in-person hearing at Birmingham Civil Justice Centre which the Appellant attended – she was not represented. We heard oral evidence from the Appellant. We had an electronic bundle of documents and references in [ ] are to the page number in the bundle. We had a bundle of authorities from the Respondent. The Appellant had a hard copy of both.

This was a private hearing. We refer to the Appellant as “FKF” or “the Appellant” throughout in order to preserve her privacy and anonymity. For that same reason, we make the rule 14 Order included at the head of this decision and will refer to other individuals by initials.