Disclosure and Barring Service v Harvey

Disclosure and Barring Service v Harvey

The Upper Tribunal erred in law by failing to accord proper weight to the ISA’s specialist judgment and misconstrued the evidence, particularly Dr Medley’s report. The ISA’s decision was thorough and proportionate, and the Upper Tribunal’s decision to quash it was infected by legal error.

Source-derived case information.

Parties
Appellant: Disclosure and Barring Service (formerly Independent Safeguarding Authority); Respondent: Peter Harvey
Jurisdiction
England and Wales
Judgment Date
13 March 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Proportionality, Safeguarding Vulnerable Groups, Appeals, Judicial Review
Administrative Law Employment Law Human Rights Proportionality Safeguarding Vulnerable Groups Appeals Judicial Review

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Parties

Disclosure and Barring Service (formerly Independent Safeguarding Authority)

Appellant

Peter Harvey

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Did the Upper Tribunal err in law in its approach to proportionality regarding inclusion on the Adults’ Barred List?
  2. 2 Was the Upper Tribunal’s conclusion that the barring decision was disproportionate lawfully open to it on the evidence?

Ratio Decidendi

The Upper Tribunal erred in law by failing to accord proper weight to the ISA’s specialist judgment and misconstrued the evidence, particularly Dr Medley’s report. The ISA’s decision was thorough and proportionate, and the Upper Tribunal’s decision to quash it was infected by legal error.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The decision of the Upper Tribunal is quashed and the decision of the Appellant (ISA/DBS) is reinstated.