A v Disclosure and Barring Service

A v Disclosure and Barring Service

The UT was entitled to find, based on the evidence and A's inconsistent statements, that he might in future engage in regulated activity with children. The DBS's assessment of risk and proportionality was rational and holistic, and no mistake of law or fact was demonstrated. The Court of Appeal's role is limited to reviewing points of law, and no error was found in the UT's approach or findings.

Parties
Appellant: A; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disclosure and Barring, Children's Barred List, Regulated Activity, Mistake of Fact, Proportionality, Article 8 ECHR
Administrative Law Safeguarding Law Human Rights Law Disclosure and Barring Children's Barred List Regulated Activity Mistake of Fact Proportionality +1 more

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Parties

A

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the test for 'regulated activity' under Schedule 4 SVGA was met
  2. 2 Whether the DBS made a mistake of fact or law in retaining A on the Children's Barred List
  3. 3 Whether the retention of A on the CBL was proportionate given his rehabilitation and absence of offences against children

Ratio Decidendi

The UT was entitled to find, based on the evidence and A's inconsistent statements, that he might in future engage in regulated activity with children. The DBS's assessment of risk and proportionality was rational and holistic, and no mistake of law or fact was demonstrated. The Court of Appeal's role is limited to reviewing points of law, and no error was found in the UT's approach or findings.

Court Disposition

Appeal dismissed

Orders

  • No error of law or fact found in UT's decision
  • Retention of A in the Children's Barred List confirmed