Upper Tribunal Administrative Appeals Chamber

UT UA-2024-000745-V - [2025] UKUT 129 (AAC)

Fecha: 28-Mar-2025

whether the objective of the measure is sufficiently important to justify the limitation of a protected right

(1)

whether the objective of the measure is sufficiently important to justify the limitation of a protected right

47.

The measure is the barring scheme under SVGA and DBS’s decision to include SLS in both barred lists. Its objective is to protect children and vulnerable adults from harm by those entrusted with their care in regulated activity. That objective is sufficiently important to justify interfering with SLS’s exercise of her Article 8 Convention right.

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