XYZ v DBS

XYZ v DBS

The Barring Decision was not based on any material mistake of fact or error of law. The DBS was entitled to make its decision without awaiting the TRA outcome, was not bound by the TRA’s findings, and the evidence supported the finding that XYZ engaged in inappropriate, sexually motivated conduct with a pupil. The appeal is dismissed and the Barring Decision is confirmed.

Parties
Appellant: XYZ; Respondent: DBS
Jurisdiction
England and Wales
Judgment Date
19 March 2024
Procedural Posture
Statutory Appeal (administrative Law, Safeguarding) / Final Judgment After Oral Hearing
Outcome
Appeal dismissed; Barring Decision confirmed
Legal Topics
Disclosure and Barring Service, Children’s Barred List, Mistake of Fact, Professional Misconduct, Res Judicata, Safeguarding Vulnerable Groups Act 2006
Administrative Law Education Law Safeguarding Law Disclosure and Barring Service Children’s Barred List Mistake of Fact Professional Misconduct Res Judicata +1 more

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Parties

XYZ

Appellant

DBS

Respondent

Procedural Posture

Statutory Appeal (administrative Law, Safeguarding) / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether the DBS erred in law by making a barring decision before the conclusion of Teaching Regulation Agency (TRA) proceedings
  2. 2 Whether the findings of fact by the TRA are binding on the DBS or Upper Tribunal
  3. 3 Whether the Barring Decision was based on a mistake of fact, particularly regarding the nature of the relationship between XYZ and Pupil A

Ratio Decidendi

The Barring Decision was not based on any material mistake of fact or error of law. The DBS was entitled to make its decision without awaiting the TRA outcome, was not bound by the TRA’s findings, and the evidence supported the finding that XYZ engaged in inappropriate, sexually motivated conduct with a pupil. The appeal is dismissed and the Barring Decision is confirmed.

Court Disposition

Appeal dismissed; Barring Decision confirmed

Orders

  • The decision of the Disclosure and Barring Service to include XYZ’s name in the Children’s Barred List is confirmed.
  • No material mistake of fact or law found.