RO v Disclosure & Barring Service

RO v Disclosure & Barring Service

DBS made mistakes of law and fact by failing to consider absence of evidence that appellant was provided care plans or instructed to keep office door open, and by not accounting for cleaning duties preventing constant monitoring. Findings that appellant failed to follow safeguarding procedures and care plans were mistaken. Failure to document prior incident was conceded by appellant and upheld. Appeal allowed and matter remitted to DBS for reconsideration based on Tribunal's findings of fact.

Parties
Appellant: RO; Respondent: Disclosure & Barring Service
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Barring Decisions, Mistake of Fact, Safeguarding Procedures, Care Plans, Disciplinary Investigations, Proportionality, Relevant Conduct
Administrative Law Employment Law Child Protection Safeguarding Barring Decisions Mistake of Fact Safeguarding Procedures Care Plans +3 more

Case Brief

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Parties

RO

Appellant

Disclosure & Barring Service

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether DBS made mistakes of law or fact in barring decisions
  2. 2 Whether appellant failed to follow safeguarding procedures and care plans
  3. 3 Whether appellant's conduct amounted to relevant conduct under the Safeguarding Vulnerable Groups Act 2006

Ratio Decidendi

DBS made mistakes of law and fact by failing to consider absence of evidence that appellant was provided care plans or instructed to keep office door open, and by not accounting for cleaning duties preventing constant monitoring. Findings that appellant failed to follow safeguarding procedures and care plans were mistaken. Failure to document prior incident was conceded by appellant and upheld. Appeal allowed and matter remitted to DBS for reconsideration based on Tribunal's findings of fact.

Court Disposition

appeal allowed

Orders

  • Matter remitted to DBS for new decision under section 4(6)(b) of the Safeguarding Vulnerable Groups Act 2006
  • DBS must base new decision on findings of fact set out in paragraph 147 of Tribunal's reasons