MM v Disclosure & Barring Service

MM v Disclosure & Barring Service

The Tribunal found, on the balance of probabilities, that the appellant sexually abused her daughter as alleged, based on consistent disclosure, behavioural patterns typical of genuine abuse, and lack of persuasive alternative explanations. The DBS findings were not mistaken and barring from both lists was proportionate.

Parties
Appellant: MM; Respondent: Disclosure & Barring Service
Jurisdiction
England and Wales
Judgment Date
03 December 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Disclosure and Barring, Mistake of Fact, Proportionality, Appeal Grounds, Sexual Abuse Allegations
Administrative Law Safeguarding Child Protection Disclosure and Barring Mistake of Fact Proportionality Appeal Grounds Sexual Abuse Allegations

Case Brief

Summary, issues, holding and outcome

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Parties

MM

Appellant

Disclosure & Barring Service

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the DBS made a mistake of fact in finding the appellant sexually abused her daughter
  2. 2 Whether the DBS made a mistake of fact in finding manipulative and controlling behaviour
  3. 3 Whether inclusion in the vulnerable adults barred list was disproportionate or irrational

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that the appellant sexually abused her daughter as alleged, based on consistent disclosure, behavioural patterns typical of genuine abuse, and lack of persuasive alternative explanations. The DBS findings were not mistaken and barring from both lists was proportionate.

Court Disposition

Appeal dismissed

Orders

  • DBS decisions to include appellant on children’s and vulnerable adults’ barred lists confirmed
  • Order prohibiting disclosure or publication of any matter likely to identify the appellant or her daughter