CP v Disclosure and Barring Service: [2025] UKUT 388 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 19 November 2025.
Read the full decision in .
Judicial Summary
This appeal centred on one morning in May 2022, when the appellant was employed as a care worker visiting the homes of vulnerable adult service users. The Disclosure and Barring Service, in deciding to include the appellant in the adults’ and children’s barred lists, had made findings of fact, based on an investigation by the appellant’s employer that concluded with her dismissal, that the appellant had falsified documents to show that she had visited and provided care to a number of vulnerable adults on that morning – but that in fact she had not. The Upper Tribunal, having heard evidence from the appellant, including under cross examination, as well as having seen the documentary evidence on which the Disclosure and Barring Service had relied, found that the Disclosure and Barring Service made material mistakes in those findings, as the appellant had, in fact, visited and provided care for the first two of the vulnerable adult service users on her rota that morning – and the only reason she had not done so for the next two in her rota, was that the employer instructed her to come to the office immediately. The appellant had not falsified documentation to give the impression that she had visited and provided care to vulnerable adults, when in fact she hadn’t. The Upper Tribunal accordingly allowed the appeal and directed the appellant’s removal from the barred lists.