The Upper Tribunal refused JG’s appeal against a DBS barring decision, finding no material mistake of fact or error of law in the barred-list decision.
SW v Nottingham City Council & Anor [2025] EWCOP 53 (T3) (19 December 2025)
Court of Protection appeal upheld the fact-finding judgment, holding the reasons were adequate and the findings on coercive and controlling behaviour were open to the judge.
The Upper Tribunal allowed MN’s appeal against a DBS barring decision, finding the DBS made a material mistake of fact about his recent regulated work with children.
The appellant is not suitable to be registered as a childminder due to repeated safeguarding failures, lack of candour and honesty with the regulator, and an inadequate response to a serious safeguarding allegation. The decision to cancel registration was lawful, necessary, and proportionate to protect children and public confidence. The appellant's conduct demonstrated a lack of understanding of safeguarding and an unwillingness to accept responsibility, justifying cancellation under the statutory framework.
The Upper Tribunal held DBS made material factual mistakes about alleged falsification of care records and neglect, and ordered CP removed from both barred lists.
The Upper Tribunal dismissed GE’s appeal against his inclusion on the Adults’ Barred List, finding no material error of fact or law in the DBS decision.
The Upper Tribunal allowed MM’s appeal against DBS barring him from the children’s barred list, finding DBS gave inadequate reasons and remitted the matter for a fresh decision.