SXM, R (On the Application Of) v The Disclosure And Barring Service

SXM, R (On the Application Of) v The Disclosure And Barring Service

The statutory scheme governing the Disclosure and Barring Service does not provide for disclosure of barring decisions or reasons to alleged victims of abuse. The claimant does not have a legitimate interest under the relevant statutory provisions, and no positive obligation arises under Article 8 ECHR to provide such information. The refusal to disclose is lawful, proportionate, and consistent with the statutory framework.

Parties
Claimant: SXM; Defendant: The Disclosure and Barring Service; Interested Party: TXJ
Jurisdiction
England and Wales
Judgment Date
17 March 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Disclosure of Information, Safeguarding Vulnerable Groups, Access to Court, Article 8 ECHR, Standing in Judicial Review
Administrative Law Human Rights Law Child Protection Law Disclosure of Information Safeguarding Vulnerable Groups Access to Court Article 8 ECHR Standing in Judicial Review

Case Brief

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Parties

SXM

Claimant

The Disclosure and Barring Service

Defendant

TXJ

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the DBS is required to disclose to an alleged victim whether a person has been placed on the children's barred list and the reasons for that decision
  2. 2 Whether refusal to disclose frustrates the right of access to a court
  3. 3 Whether refusal is disproportionate or unreasonable

Ratio Decidendi

The statutory scheme governing the Disclosure and Barring Service does not provide for disclosure of barring decisions or reasons to alleged victims of abuse. The claimant does not have a legitimate interest under the relevant statutory provisions, and no positive obligation arises under Article 8 ECHR to provide such information. The refusal to disclose is lawful, proportionate, and consistent with the statutory framework.

Court Disposition

Claim dismissed