MSB v Disclosure and Barring Service

MSB v Disclosure and Barring Service

Given the isolated and historic failure to notify Ofsted, Ofsted’s response by warning and advice, MSB’s subsequent compliance, and the lack of any other proven failures, the only lawful decision open to DBS was to remove MSB from both barred lists. Any other decision would be irrational and disproportionate.

Source-derived case information.

Parties
Appellant: MSB; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
27 February 2024
Procedural Posture
Appeal / Upper Tribunal Decision After Oral Hearing
Outcome
Appeal allowed
Legal Topics
Safeguarding Vulnerable Groups, Barred Lists, Mistake of Fact, Proportionality, Regulated Activity, Childcare Regulation
Administrative Law Safeguarding Law Safeguarding Vulnerable Groups Barred Lists Mistake of Fact Proportionality Regulated Activity Childcare Regulation

Source-derived case record

Summary, issues, holding and outcome

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Parties

MSB

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Upper Tribunal Decision After Oral Hearing

Legal Issues

  1. 1 Whether the Disclosure and Barring Service (DBS) made mistakes of fact in barring MSB from the children’s and adults’ barred lists
  2. 2 Whether the only lawful decision open to DBS was removal from the barred lists given the facts as found by the Upper Tribunal
  3. 3 Whether the failure to notify Ofsted constituted relevant conduct justifying barring

Ratio Decidendi

Given the isolated and historic failure to notify Ofsted, Ofsted’s response by warning and advice, MSB’s subsequent compliance, and the lack of any other proven failures, the only lawful decision open to DBS was to remove MSB from both barred lists. Any other decision would be irrational and disproportionate.

Court Disposition

Appeal allowed

Orders

  • DBS is directed to remove MSB from both the children’s and adults’ barred lists.