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England and Wales Case Law

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Administrative law

XY v Disclosure And Barring Service

The Upper Tribunal refused to strike out an appeal, holding that the DBS’s notified decision letter conveyed a substantive review outcome and therefore engaged jurisdiction.

  • Jurisdiction
  • Statutory interpretation
  • Notification of decisions
  • Appeal rights
  • Safeguarding vulnerable groups act
  • Statutory-interpretation
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Administrative law

MK v Disclosure and Barring Service (DBS)

The Upper Tribunal dismissed MK’s appeal against DBS barring decisions, holding there was no error of law or fact and no unfairness in the evidence process.

  • Safeguarding vulnerable groups
  • Dbs barring decisions
  • Procedural fairness
  • Mental health and risk assessment
  • Dbs-barring-decisions
  • Procedural-fairness
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Administrative law

KCN v Disclosure and Barring Service

The Upper Tribunal upheld DBS’s decision to bar KCN from work with children and adults, finding no mistake of law or fact despite his criminal acquittal.

  • Safeguarding vulnerable groups
  • Barred list appeals
  • Standard of proof
  • Risk assessment
  • Sexual misconduct allegations
  • Safeguarding-vulnerable-groups
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Administrative law

B v Disclosure and Barring Service

The Upper Tribunal allowed Mrs B’s appeal against inclusion on the children’s barred list, finding DBS had made a material factual mistake about an alleged conversation.

  • Barred list appeals
  • Findings of fact
  • Safeguarding vulnerable groups
  • Tribunal procedure
  • Barred-list-appeals
  • Findings-of-fact
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Administrative law

OJO v Disclosure and Barring Service

The Upper Tribunal allowed an appeal against DBS barring decisions, finding the appellant did not receive notice and was denied the chance to make representations.

  • Disclosure and barring
  • Procedural fairness
  • Right to make representations
  • Automatic barring
  • Mistake of law
  • Disclosure-and-barring
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Administrative law

DWH v Disclosure & Barring Service

The Upper Tribunal upheld DWH’s inclusion on the Adults’ Barred List but removed him from the Children’s Barred List for lack of evidence of child-related regulated activity.

  • Safeguarding vulnerable groups act 2006
  • Barring decisions
  • Mistake of fact
  • Mistake of law
  • Regulated activity
  • Relevant conduct
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Administrative law

HET v The Disclosure and Barring Service

The Upper Tribunal allowed HET’s appeal against DBS barring decisions, found multiple mistakes of fact, and ordered her removal from both barred lists.

  • Safeguarding vulnerable groups
  • Mistake of fact
  • Appeals against barring decisions
  • Professional boundaries
  • Evidence assessment
  • Safeguarding-vulnerable-groups
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Administrative law

JR v Disclosure and Barring Service

The Upper Tribunal held that JR satisfied the regulated activity test and had engaged in relevant conduct, but his inclusion on the adults’ barred list was disproportionate.

  • Safeguarding vulnerable groups
  • Barred list appeals
  • Proportionality
  • Article 8 echr
  • Mistake of law
  • Mistake of fact
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Administrative law

MM v The Disclosure and Barring Service

The Upper Tribunal dismissed MM’s appeal against DBS barring decisions, finding no material error of fact or law in the DBS’s findings, risk assessment, or proportionality.

  • Disclosure and barring
  • Safeguarding vulnerable groups
  • Police caution
  • Relevant conduct
  • Proportionality
  • Risk assessment
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Administrative law

CD v Disclosure and Barring Service

The Upper Tribunal remitted the case to DBS for a new decision after finding inadequate reasons on insight and remorse, while upholding the barred-list decision as proportionate.

  • Safeguarding vulnerable groups
  • Proportionality
  • Modern slavery
  • Mental health
  • Barred list appeals
  • Safeguarding-vulnerable-groups
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.