Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 304 (AAC)

Fecha: 03-Sep-2025

Heading

Neutral Citation Number: [2025] UKUT 304 (AAC)

Appeal No. UA-2024-001791-V

IN THE UPPER TRIBUNAL

ADMINISTRATIVE APPEALS CHAMBER

Between:

NAC

Appellant

THE UPPER TRIBUNAL ORDERS that, without the permission of this Tribunal:

No one shall publish or reveal the name or address of any of the following:

(a) NAC, who is the Appellant in these proceedings;

(b) any of the service users or members of staff mentioned in the documents or during the hearing;

or any information that would be likely to lead to the identification of any of them or any member of their families in connection with these proceedings.

Any breach of this order is liable to be treated as a contempt of court and may be punishable by imprisonment, fine or other sanctions under section 25 of the Tribunals, Courts and Enforcement Act 2007. The maximum punishment that may be imposed is a sentence of two years’ imprisonment or an unlimited fine.

Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge Jacobs

Tribunal Members Smith and Turner

Decided on following an oral hearing on 03 September 2025.

Representation:

Appellant: Philip Dayle of counsel, instructed by Aman Solicitors Advocates

Respondent: Bronia Hartley of counsel, instructed by DLA Piper UK LLP

On appeal from the Disclosure and Barring Service (DBS from now on):

DBS reference: 01029375822

Decision letter: 9 September 2024

SUMMARY OF DECISION

Safeguarding Vulnerable Groups (65.8 – Proportionality)

Safeguarding Vulnerable Groups Act 2006 - section 4(2)(a) – limited case put to Upper Tribunal – Upper Tribunal considered for itself whether decision was proportionate and decided that it was.

Safeguarding Vulnerable Groups (65.9 – Finding of fact)

Safeguarding Vulnerable Groups Act 2006 - section 4(2)(b) – Upper Tribunal heard evidence from appellant and made its own assessment of the evidence as a whole – no mistake found.

Decision of the Upper Tribunal