SV v DBS

SV v DBS

DBS made material mistakes of law in its assessment of evidence, particularly regarding the CCTV footage and unplugging of the call bell, and failed to critically evaluate evidence or ensure fairness. The statutory scheme implicitly allows DBS to reopen 'no barring action' cases, but DBS's decision to bar SV was infected by errors of law. The case is remitted to DBS for a new decision.

Parties
Appellant: SV; Respondent: DBS
Jurisdiction
England and Wales
Judgment Date
21 February 2022
Procedural Posture
Appeal / Final Judgment After Oral Hearing
Outcome
Appeal allowed; DBS decision set aside.
Legal Topics
Disclosure and Barring, Legitimate Expectation, Public Law Powers, Error of Law, Safeguarding Vulnerable Groups
Administrative Law Employment Law Safeguarding Disclosure and Barring Legitimate Expectation Public Law Powers Error of Law Safeguarding Vulnerable Groups

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

SV

Appellant

DBS

Respondent

Procedural Posture

Appeal / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Does DBS have the power to reopen 'no barring action' cases?
  2. 2 Was DBS entitled to exercise that power in SV's case?
  3. 3 Did DBS make a mistake on a point of law or finding of fact in the Barring Decision?

Ratio Decidendi

DBS made material mistakes of law in its assessment of evidence, particularly regarding the CCTV footage and unplugging of the call bell, and failed to critically evaluate evidence or ensure fairness. The statutory scheme implicitly allows DBS to reopen 'no barring action' cases, but DBS's decision to bar SV was infected by errors of law. The case is remitted to DBS for a new decision.

Court Disposition

Appeal allowed; DBS decision set aside.

Orders

  • Case remitted to DBS for a new decision pursuant to Section 4(6)(b) of the Safeguarding Vulnerable Groups Act 2006.
  • SV to be removed from the Barred Lists until DBS makes its new decision.