KD v Disclosure and Barring Service: [2026] UKUT 350 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Citron on 09 September 2026.
Read the full decision in .
Judicial Summary
The Appellant was included in the children’s barred list on the basis of three main factual findings by the Disclosure and Barring Service (DBS), one of which was that the Appellant sent a sexual video of himself to a 15 year old who was a volunteer in an organisation where the Appellant, then aged 25, had managerial responsibilities. The permitted ground of appeal was that this factual finding was mistaken. DBS made two other factual findings, both of which involved sexualised communications between the Appellant and adults, including adult volunteers in the organisation. On the basis of the Appellant’s oral evidence at the Upper Tribunal hearing (no other witness to the incident provided oral evidence), the Upper Tribunal decided that the first factual finding was mistaken. The matter was remitted back to DBS for a new decision on the basis that the Appellant had not sent the video to the 15 year old, because the Appellant drew the line at sending such material to a person under 18 – but DBS’s other factual findings, involving the Appellant’s sending of sexual material to adults, remain in place.