[2025] UKUT 117 (AAC)

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 15 September 2023 including her in the adults’ barred list pursuant to paragraph 9 of Schedule 3 to the SVGA 2006. DBS included her in the barred list because her children were removed from her care by a Family Court in 2015 and 2022.

Permission to appeal was granted by Judge Stout on 17 September 2024 on an unlimited basis, but in particular because the judge considered it arguable:-

(1)

That it was irrational for DBS to conclude that the appellant had engaged in conduct which if repeated against a vulnerable adult would endanger or be likely to endanger them (and/or DBS had given insufficient reasons for that conclusion); and,

(2)

The decision was disproportionate.

The structure of this decision is as follows:-