GL v Disclosure and Barring Service

GL v Disclosure and Barring Service

Retention of the appellant on the children's barred list is proportionate given the ongoing risk to children, lack of evidence of sustained behavioural change, and the limited negative consequences for the appellant compared to the importance of protecting vulnerable children.

Parties
Appellant: GL; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
13 March 2025
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Proportionality, Barring From Regulated Activity, Article 8 ECHR, Safeguarding Vulnerable Groups, Sex Offenders Register, Representation Rights
Administrative Law Human Rights Law Child Protection Law Proportionality Barring From Regulated Activity Article 8 ECHR Safeguarding Vulnerable Groups Sex Offenders Register +1 more

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Parties

GL

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether retention of the appellant on the children's barred list is proportionate under Article 8 ECHR
  2. 2 Whether the Disclosure and Barring Service made a mistake of law or fact in retaining the appellant on the children's barred list

Ratio Decidendi

Retention of the appellant on the children's barred list is proportionate given the ongoing risk to children, lack of evidence of sustained behavioural change, and the limited negative consequences for the appellant compared to the importance of protecting vulnerable children.

Court Disposition

appeal dismissed

Orders

  • Retention of appellant on children's barred list confirmed
  • Rule 14 order prohibiting publication or disclosure likely to identify specified persons