PC v Disclosure and Barring Service

PC v Disclosure and Barring Service

The Upper Tribunal found no material mistake of fact or law in the DBS's decision to include the appellant on the Children’s and Adults’ Barred Lists. The appellant attended work while awaiting Covid test results and failed to wear PPE, placing vulnerable adults at risk. The DBS's decision was rational,...

Source-derived case information.

Parties
Appellant: PC; Respondent: Disclosure and Barring Service
Jurisdiction
England and Wales
Judgment Date
31 July 2023
Procedural Posture
Appeal / Judgment After Oral Hearing
Outcome
Appeal dismissed
Legal Topics
Safeguarding Vulnerable Groups, Barring Decisions, Mistake of Fact, Mistake of Law, Proportionality, COVID 19 Regulations, Right to Private Life
Administrative Law Employment Law Human Rights Law Safeguarding Vulnerable Groups Barring Decisions Mistake of Fact Mistake of Law Proportionality +2 more

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Parties

PC

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal / Judgment After Oral Hearing

Legal Issues

  1. 1 Whether the DBS made a material mistake of fact in finding the appellant attended work while awaiting a Covid test result
  2. 2 Whether the DBS made a material mistake of fact in finding the appellant failed to wear PPE and exposed vulnerable adults to risk
  3. 3 Whether the DBS made a mistake of law in including the appellant in both barred lists, acting irrationally or disproportionately

Ratio Decidendi

The Upper Tribunal found no material mistake of fact or law in the DBS's decision to include the appellant on the Children’s and Adults’ Barred Lists. The appellant attended work while awaiting Covid test results and failed to wear PPE, placing vulnerable adults at risk. The DBS's decision was rational, proportionate, and based on a proper risk assessment. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The DBS decision to include the appellant on the Children’s and Adults’ Barred Lists is confirmed.
  • No publication or disclosure of any information likely to identify the appellant, witnesses, or complainants.