CD v Disclosure and Barring Service

CD v Disclosure and Barring Service

The Upper Tribunal found that the DBS made a mistake of law by giving inadequate reasons regarding CD's insight and remorse, particularly in light of her status as a victim of modern slavery. However, the Tribunal found that the DBS's decision to include CD in the barred lists was proportionate and justified, and there was no mistake of fact regarding self-defence. The matter was remitted to the DBS for a new decision, with CD to remain on the lists pending that decision.

Parties
Appellant: CD; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
01 October 2025
Procedural Posture
Appeal / Upper Tribunal Judgment on Appeal From Disclosure and Barring Service
Outcome
Remitted for new decision; appellant remains on barred lists pending new decision
Legal Topics
Safeguarding Vulnerable Groups, Proportionality, Modern Slavery, Mental Health, Barred List Appeals
Administrative Law Safeguarding Law Human Rights Law Safeguarding Vulnerable Groups Proportionality Modern Slavery Mental Health Barred List Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

CD

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Upper Tribunal Judgment on Appeal From Disclosure and Barring Service

Legal Issues

  1. 1 Whether the DBS's decision to include CD in the barred lists was proportionate under the law
  2. 2 Whether the DBS made mistakes of fact regarding self-defence in relation to incidents with Victims 3 and 5
  3. 3 Whether the DBS failed to properly consider CD's status as a victim of modern slavery and its impact on her conduct

Ratio Decidendi

The Upper Tribunal found that the DBS made a mistake of law by giving inadequate reasons regarding CD's insight and remorse, particularly in light of her status as a victim of modern slavery. However, the Tribunal found that the DBS's decision to include CD in the barred lists was proportionate and justified, and there was no mistake of fact regarding self-defence. The matter was remitted to the DBS for a new decision, with CD to remain on the lists pending that decision.

Court Disposition

Remitted for new decision; appellant remains on barred lists pending new decision

Orders

  • Matter remitted to DBS for a new decision under section 4(6)(b) and (7)(b) of the Safeguarding Vulnerable Groups Act 2006
  • Appellant (CD) to remain in the barred lists until DBS makes its new decision