CD v Disclosure and Barring Service

CD v Disclosure and Barring Service

DBS made mistakes in findings of fact, particularly regarding exposure and fixation; evidence supports breach of professional boundaries but not fixation or exposure as originally found. Case remitted to DBS for new decision based on corrected findings.

Source-derived case information.

Parties
Appellant: CD; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
17 September 2024
Procedural Posture
Appeal / Judgment
Outcome
case remitted to DBS for new decision; appellant remains in lists pending DBS decision
Legal Topics
Professional Boundaries, Barred List Appeals, Mistake of Fact, Regulated Activity, Children's Welfare
Administrative Law Safeguarding Education Law Professional Boundaries Barred List Appeals Mistake of Fact Regulated Activity Children's Welfare

Source-derived case record

Summary, issues, holding and outcome

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Parties

CD

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether DBS made mistakes in findings of fact justifying appeal under section 4 SVGA
  2. 2 Whether evidence supports findings of exposure, breach of boundaries, and fixation
  3. 3 Appropriateness of inclusion in barred lists

Ratio Decidendi

DBS made mistakes in findings of fact, particularly regarding exposure and fixation; evidence supports breach of professional boundaries but not fixation or exposure as originally found. Case remitted to DBS for new decision based on corrected findings.

Court Disposition

case remitted to DBS for new decision; appellant remains in lists pending DBS decision

Orders

  • DBS to make new decision based on Upper Tribunal's findings
  • Appellant to remain in barred lists until DBS makes new decision