Independent Safeguarding Authority v SB & Anor

Independent Safeguarding Authority v SB & Anor

The Upper Tribunal erred by failing to give appropriate weight to the ISA's expert decision and by not considering public confidence as a material factor in the proportionality assessment. The UT conducted an impermissible merits review rather than a limited proportionality review as required by statute.

Parties
Appellant: Independent Safeguarding Authority; Respondent: SB; Intervener: Royal College of Nursing
Jurisdiction
England and Wales
Judgment Date
18 July 2012
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal to Court of Appeal
Outcome
appeal allowed
Legal Topics
Proportionality, Judicial Review, Public Confidence, Safeguarding Vulnerable Groups Act, Barred List Appeals
Administrative Law Human Rights Law Child Protection Proportionality Judicial Review Public Confidence Safeguarding Vulnerable Groups Act Barred List Appeals

Case Brief

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Parties

Independent Safeguarding Authority

Appellant

SB

Respondent

Royal College of Nursing

Intervener

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal erred in interfering with the ISA's decision not to remove SB from the Children’s Barred List
  2. 2 Whether the Upper Tribunal failed to give appropriate weight to the ISA's expert decision
  3. 3 Whether public confidence was a material consideration in the proportionality assessment

Ratio Decidendi

The Upper Tribunal erred by failing to give appropriate weight to the ISA's expert decision and by not considering public confidence as a material factor in the proportionality assessment. The UT conducted an impermissible merits review rather than a limited proportionality review as required by statute.

Court Disposition

appeal allowed

Orders

  • Decision of the Upper Tribunal quashed
  • Decision of the Independent Safeguarding Authority restored