![UT UA-2024-000745-V - [2025] UKUT 129 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Upper Tribunal Administrative Appeals Chamber
UT UA-2024-000745-V - [2025] UKUT 129 (AAC)
Fecha: 28-Mar-2025
On appeal from the Disclosure and Barring Service (DBS from now on)
On appeal from the Disclosure and Barring Service (DBS from now on)
DBS reference: 01008904480
Decision letter: 30 April 2024
This decision is given under section 4 of the Safeguarding Vulnerable Groups Act 2006 (SVGA from now on):
DBS did not make mistakes in law or in the findings of fact on which its decision was based. DBS’s decision is confirmed.
Reasons for Decision
We are grateful to DBS and DLA Piper for providing the bundles for the hearing, as SLS was not represented.
- Heading
- On appeal from the Disclosure and Barring Service (DBS from now on)
- Some abbreviations
- Introduction
- The reason for referring the case to DBS
- The barring provisions
- The appeal provisions
- Mental Capacity Act 2005
- Our approach to the case
- Service users
- Members of staff
- SLS’s statement to her employer
- SLS replied within minutes, saying
- SLS’s representations to DBS
- References for SLS
- Our assessment of the evidence
- Conspiracy
- Influencing the service users
- Limiting choices
- Conclusion
- Proportionality
- whether the objective of the measure is sufficiently important to justify the limitation of a protected right
- whether the measure is rationally connected to the objective
- whether a less intrusive measure could have been used without unacceptably compromising the achievement of the objective
- whether, balancing the severity of the measure's effects on the rights of the persons to whom it applies against the importance of the objective, to the extent that the measure will contribute to its
- Conclusions