MM v Disclosure and Barring Service: [2025] UKUT 345 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 13 October 2025.
Read the full decision in .
Judicial Summary
This appeal is mainly about whether the Disclosure and Barring Service was mistaken to find that MM committed two violent sexual offences (of which he was acquitted in criminal proceedings).
It also considers whether the DBS’s findings that MM poses an ongoing risk to vulnerable adults or children were made in error of law or fact, and whether the DBS’s decision to bar MM involved material mistakes of law in:
a) failing to follow its own ‘Making Findings’ guidance;
b) failing to take into account MM’s regulator’s decision to close its disciplinary proceedings against MM at the screening stage;
c) making an unevidenced decision that MM was likely to repeat the misconduct which was the subject of the Caution offence; and
d) making a decision that was, in all the circumstances, disproportionate.
The Upper Tribunal dismissed the appeal on all grounds and confirmed the DBS’s decision.