MG v DBS

MG v DBS

DBS provided adequate reasons for its decision, its risk assessment was not irrational or based on a mistake of law or fact, and it was entitled to conclude MG posed an unacceptable risk to vulnerable adults and children under the statutory definition.

Parties
Appellant: MG; Respondent: DBS
Jurisdiction
England and Wales
Judgment Date
21 March 2022
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Safeguarding Vulnerable Groups, Barring Decisions, Risk Assessment, Appeals Process
Criminal Law Administrative Law Employment Law Sexual Offences Safeguarding Vulnerable Groups Barring Decisions Risk Assessment Appeals Process

Case Brief

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Parties

MG

Appellant

DBS

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether DBS failed to adequately explain its weighing of pertinent factors against countervailing factors in the Barring Decision
  2. 2 Whether the decision to include MG on the Children’s Barred List was irrational
  3. 3 Whether DBS failed to follow its own structured judgment process

Ratio Decidendi

DBS provided adequate reasons for its decision, its risk assessment was not irrational or based on a mistake of law or fact, and it was entitled to conclude MG posed an unacceptable risk to vulnerable adults and children under the statutory definition.

Court Disposition

appeal dismissed

Orders

  • DBS’s Barring Decision is confirmed
  • MG remains on both the Adults’ Barred List and the Children’s Barred List