Introduction
Introduction
The appellant appeals under section 4 of the Safeguarding Vulnerable Groups Act 2006 (SVGA 2006) against the decision of the Disclosure and Barring Service (DBS) of 24 August 2021 including her in the children’s and adults’ barred lists pursuant to paragraphs 3 and 9 of Schedule 3 to the SVGA 2006. The decision was based on evidence DBS had received from the appellant’s former employer, including CCTV evidence, that on 15 May 2020 the appellant had verbally, emotionally and physically abused a service user to whom she was providing care as a live-in carer. DBS’s decision was taken without the appellant having made representations, her applications for an extension of time to make representations in advance of the decision (or late) having been refused by DBS.
The structure of this decision is as follows:-
The proceedings before the Upper Tribunal 4
The grant of permission and the parties’ responses/replies to that 6
Relevant legal framework for DBS’s decision 15
The Upper Tribunal’s jurisdiction on appeal 18
Whether a mistake on a point of law must be a material error of law 19
What is a material procedural error 22
Ground 1: Failure to provide information 24
Our analysis and conclusions 24
Our analysis and conclusions 29
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The matter is remitted to DBS for a new decision. The appellant must remain on the list until DBS makes its new decision
- Introduction
- The proceedings before the Upper Tribunal
- The grant of permission and the parties’ responses/replies to that
- This hearing
- Factual background
- Legal framework
- The Upper Tribunal’s jurisdiction on appeal
- Whether a mistake on a point of law must be a material error of law
- What is a material procedural error
- The grounds of appeal
- Our analysis and conclusions
- Grounds 2 and 3: Failure to grant an extension of time for making representations, or to permit late representations
- Our analysis and conclusions
- Ground 5: Proportionality
- Ground 7: Inclusion on the children’s barred list
- Conclusions
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