MS v DBS

MS v DBS

DBS had the statutory and implied power to reopen MS's case and reconsider barring him, especially upon receipt of new evidence. The 'no barring action' letter did not create a legitimate expectation that the case would not be reopened. The Barring Decision was proportionate and rational, based on evidence of risk and MS's lack of insight, and the reasons provided were adequate. No material error of law or fact was found in the DBS's decision.

Parties
Appellant: MS; Respondent: DBS
Jurisdiction
England and Wales
Judgment Date
06 July 2022
Procedural Posture
Appeal / Final Judgment After Oral Hearing
Outcome
Appeal dismissed; Barring Decision confirmed.
Legal Topics
Disclosure and Barring, Barred Lists, Safeguarding Vulnerable Groups Act 2006, Legitimate Expectation, Proportionality, Judicial Review, Appeals Process
Administrative Law Child Protection Safeguarding Disclosure and Barring Barred Lists Safeguarding Vulnerable Groups Act 2006 Legitimate Expectation Proportionality +2 more

Case Brief

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Parties

MS

Appellant

DBS

Respondent

Procedural Posture

Appeal / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether DBS had the power to reopen a closed case and reconsider barring MS based on substantially the same or new evidence
  2. 2 Whether the 'no barring action' letter created a legitimate expectation that the case would not be reopened
  3. 3 Whether the Barring Decision was disproportionate given AB's statements and the evidence

Ratio Decidendi

DBS had the statutory and implied power to reopen MS's case and reconsider barring him, especially upon receipt of new evidence. The 'no barring action' letter did not create a legitimate expectation that the case would not be reopened. The Barring Decision was proportionate and rational, based on evidence of risk and MS's lack of insight, and the reasons provided were adequate. No material error of law or fact was found in the DBS's decision.

Court Disposition

Appeal dismissed; Barring Decision confirmed.

Orders

  • The appeal is refused.
  • The decision of DBS to include MS in the Children’s Barred List is confirmed.