AVS v Disclosure and Barring Service

AVS v Disclosure and Barring Service

The Tribunal found that the DBS made material mistakes of fact in four of the five findings of relevant conduct upon which the barring decision was based. The Tribunal accepted the Appellant’s evidence as largely reliable and found that the DBS relied on untested, multiple hearsay evidence and failed to properly consider the Appellant’s representations and evidence. Only part of the second and the fourth findings were upheld, and only in narrow terms. The Tribunal held that the errors were material to the barring decision, and thus the decision must be remitted to the DBS for reconsideration based on the Tribunal’s findings of fact. The Appellant is to remain on the Children’s Barred List...

Parties
Appellant: AVS; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
02 December 2024
Procedural Posture
Appeal / Upper Tribunal Judgment on Appeal From DBS Decision
Outcome
Appeal allowed; DBS decision set aside and remitted for reconsideration
Legal Topics
Disclosure and Barring Service, Children’s Barred List, Mistake of Fact, Safeguarding Vulnerable Groups Act 2006, Appeals Process, Proportionality, Relevant Conduct
Administrative Law Child Protection Safeguarding Disclosure and Barring Service Children’s Barred List Mistake of Fact Safeguarding Vulnerable Groups Act 2006 Appeals Process +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

AVS

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Upper Tribunal Judgment on Appeal From DBS Decision

Legal Issues

  1. 1 Whether the DBS made material mistakes of fact in its findings of relevant conduct justifying inclusion of the Appellant on the Children’s Barred List
  2. 2 Whether the DBS’s decision was disproportionate or irrational in law
  3. 3 Whether the Appellant’s conduct amounted to relevant conduct under the Safeguarding Vulnerable Groups Act 2006

Ratio Decidendi

The Tribunal found that the DBS made material mistakes of fact in four of the five findings of relevant conduct upon which the barring decision was based. The Tribunal accepted the Appellant’s evidence as largely reliable and found that the DBS relied on untested, multiple hearsay evidence and failed to properly consider the Appellant’s representations and evidence. Only part of the second and the fourth findings were upheld, and only in narrow terms. The Tribunal held that the errors were material to the barring decision, and thus the decision must be remitted to the DBS for reconsideration based on the Tribunal’s findings of fact. The Appellant is to remain on the Children’s Barred List...

Court Disposition

Appeal allowed; DBS decision set aside and remitted for reconsideration

Orders

  • The decision of the Disclosure and Barring Service dated 20 June 2022 to include the Appellant’s name on the Children’s Barred List is set aside and remitted for a new decision under section 4(6)(b) of the Safeguarding Vulnerable Groups Act 2006, based on the Tribunal’s findings of fact.
  • The Appellant is to remain on the Children’s Barred List pending the fresh decision pursuant to section 4(7)(b) of the Act.