SJS v Disclosure and Barring Service

DBS made a material mistake of law by failing to consider a relevant positive reference regarding SJS's conduct, which was central to its concerns about inappropriate language. The matter is remitted for a new decision, but SJS remains on the barred list pending that decision.

Parties: Appellant: SJS; Respondent: Disclosure and Barring Service
Jurisdiction: England and Wales
Judgment Date: 22 July 2024
Procedural Posture: Appeal From Administrative Decision (barring) / Upper Tribunal Judgment After Oral Hearing
Outcome: Remitted to DBS for a new decision; appellant remains on barred list pending outcome
Legal Topics: Safeguarding Vulnerable Groups, Barred List Appeals, Mistake of Fact, Mistake of Law, Proportionality, Professional Misconduct

Administrative Law Employment Law Safeguarding Safeguarding Vulnerable Groups Barred List Appeals Mistake of Fact Mistake of Law Proportionality +1 more

Case Brief

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Parties

SJS

Appellant

Disclosure and Barring Service

Respondent

Procedural Posture

Appeal From Administrative Decision (barring) / Upper Tribunal Judgment After Oral Hearing

Legal Issues

1 Whether the Disclosure and Barring Service (DBS) made a mistake of fact or law in including SJS in the children's barred list
2 Whether the DBS failed to consider relevant evidence, including a positive reference
3 Whether the decision to bar SJS was proportionate

Ratio Decidendi

Court Disposition

Remitted to DBS for a new decision; appellant remains on barred list pending outcome

Orders

Matter remitted to DBS for a new decision in light of the TR project reference of 10 May 2022
Appellant to remain in the barred lists until DBS makes its new decision