MC -v- Disclosure and Barring Service: [2025] UKUT 192 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jones on 16 June 2025.
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Judicial Summary
No mistake of fact or law in two decisions of the Disclosure and Barring Service (DBS) including the Appellant on the Adults’ barred list (“ABL”) based upon the same incident on 8 November 2021 when the Appellant (“MC”) was acting as a care support worker for service user W. The Tribunal upheld the DBS’s finding of relevant conduct that the Appellant caused emotional harm to service user W by preventing him from legitimately using the kitchen and threatening him with violence. Appeal against inclusion on the ABL dismissed.
Mistake of law in decision of the DBS dated 3 March 2023 to include the Appellant on the Children’s barred list (“CBL”). There was no evidence to support any rational reason for the DBS to believe that the Appellant had engaged in regulated activity with children in the past nor that he might do so in the future. Appeal allowed and DBS directed to remove the Appellant from the CBL.