AA v Disclosure and Barring Service

AA v Disclosure and Barring Service

The DBS made a material mistake of fact by finding the appellant breached the terms of her suspension, as the evidence showed she did not contact anyone connected with the investigation nor discuss the matter with employees or clients, contrary to the terms of the suspension letter. This error was central to the...

Source-derived case information.

Parties
Appellant: AA; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
04 February 2025
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed and matter remitted
Legal Topics
Mistake of Fact, Disciplinary Proceedings, Safeguarding Vulnerable Groups, Procedural Fairness
Administrative Law Employment Law Safeguarding Mistake of Fact Disciplinary Proceedings Safeguarding Vulnerable Groups Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

AA

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the DBS made material mistakes of fact in barring the appellant
  2. 2 Whether the DBS failed to consider relevant evidence and submissions
  3. 3 Whether the appellant breached the terms of her suspension

Ratio Decidendi

The DBS made a material mistake of fact by finding the appellant breached the terms of her suspension, as the evidence showed she did not contact anyone connected with the investigation nor discuss the matter with employees or clients, contrary to the terms of the suspension letter. This error was central to the decision to bar the appellant, requiring the matter to be remitted for a new decision.

Court Disposition

appeal allowed and matter remitted

Orders

  • The appeal is allowed.
  • The matter is remitted to the DBS for a new decision.