KCN v Disclosure and Barring Service

KCN v Disclosure and Barring Service

KCN failed to discharge the burden of proving that DBS made a mistake of law or fact. The Tribunal found that DBS was entitled to find the allegation proved on the balance of probabilities, notwithstanding the criminal acquittal, and that the evidence supported the finding of risk to vulnerable adults and children. The appeal was dismissed and the DBS decision confirmed.

Parties
Appellant: KCN; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
05 February 2026
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Safeguarding Vulnerable Groups, Barred List Appeals, Standard of Proof, Risk Assessment, Sexual Misconduct Allegations
Administrative Law Safeguarding Law Safeguarding Vulnerable Groups Barred List Appeals Standard of Proof Risk Assessment Sexual Misconduct Allegations

Case Brief

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Parties

KCN

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Disclosure and Barring Service (DBS) made a mistake of law or fact in including KCN in the children's and adults' barred lists under the Safeguarding Vulnerable Groups Act 2006
  2. 2 Whether the civil standard of proof was properly applied by DBS in finding the allegations proved on the balance of probabilities
  3. 3 Whether the Upper Tribunal should overturn the DBS decision in light of KCN's acquittal in the Crown Court

Ratio Decidendi

KCN failed to discharge the burden of proving that DBS made a mistake of law or fact. The Tribunal found that DBS was entitled to find the allegation proved on the balance of probabilities, notwithstanding the criminal acquittal, and that the evidence supported the finding of risk to vulnerable adults and children. The appeal was dismissed and the DBS decision confirmed.

Court Disposition

appeal dismissed

Orders

  • DBS decision to include KCN in the children's and adults' barred lists is confirmed