AA v Disclosure and Barring Service

AA v Disclosure and Barring Service

The DBS made material errors of law by failing to address relevant evidence and explain its evaluation of witness reliability, rendering the barring decision unsustainable.

Parties
Appellant: AA; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
30 October 2024
Procedural Posture
Appeal / Final Judgment After Oral Hearing
Outcome
Appeal allowed; matter remitted to DBS for a new decision.
Legal Topics
Mistake of Fact, Mistake of Law, Children's Barred List, Safeguarding Vulnerable Groups Act, Procedural Fairness, Evidentiary Assessment
Administrative Law Safeguarding Law Criminal Law Mistake of Fact Mistake of Law Children's Barred List Safeguarding Vulnerable Groups Act Procedural Fairness +1 more

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Parties

AA

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether the DBS made material mistakes of law or fact in placing the Appellant on the Children’s Barred List
  2. 2 Whether the DBS properly evaluated the reliability of witness evidence
  3. 3 Whether procedural errors affected the barring decision

Ratio Decidendi

The DBS made material errors of law by failing to address relevant evidence and explain its evaluation of witness reliability, rendering the barring decision unsustainable.

Court Disposition

Appeal allowed; matter remitted to DBS for a new decision.

Orders

  • DBS to make a fresh decision regarding the Appellant’s inclusion on the Children’s Barred List.
  • Appellant’s name shall not be removed from the Children’s Barred List pending the new decision.