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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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Family law

A Local Authority v O & Ors

The public interest in protecting children and vulnerable adults, and the statutory role of the DBS, outweigh the Article 8 rights of the respondents. The court will not restrain disclosure of the fact-finding judgment to the DBS, as the interference with the respondents' rights is necessary and proportionate. The DBS is the proper body to assess risk, and the findings made are sufficiently grave to warrant disclosure.

  • Disclosure of information
  • Safeguarding vulnerable groups act
  • Article 8 echr
  • Barred list procedures
  • Confidentiality in family proceedings
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Administrative law

MN v The Disclosure and Barring Service

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.

  • Barred list appeals
  • Mistake of fact
  • Regulated activity
  • Safeguarding vulnerable groups act
  • Barred-list-appeals
  • Mistake-of-fact
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Administrative law

JR v Disclosure and Barring Service

The Upper Tribunal refused JR’s application for costs after the Disclosure and Barring Service reviewed and removed her from the barred lists.

  • Costs application
  • Safeguarding vulnerable groups act
  • Unreasonable conduct
  • Wasted costs
  • Costs-applications
  • Wasted-costs
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Employment

CP v Disclosure and Barring Service

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.

  • Factual mistake
  • Barred list removal
  • Care worker conduct
  • Safeguarding vulnerable groups act
  • Barred-lists
  • Safeguarding-vulnerable-groups-act
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Administrative law

AA v Disclosure and Barring Service

The Upper Tribunal allowed AA’s appeal against DBS barring, holding that the decision involved material errors of law and remitted the matter for a fresh decision.

  • Mistake of fact
  • Mistake of law
  • Children's barred list
  • Safeguarding vulnerable groups act
  • Procedural fairness
  • Evidentiary assessment
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Administrative law

AW v Disclosure and Barring Service

The Upper Tribunal allowed AW’s appeal against inclusion on DBS barred lists, finding mistakes in the factual basis for DBS’s decision and directing removal from both lists.

  • Mistake of fact
  • Barred lists
  • Care worker conduct
  • Safeguarding vulnerable groups act
  • Mistake-of-fact
  • Barred-lists
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Administrative law

JW v Disclosure and Barring Service

The Upper Tribunal allowed JW’s appeal against DBS’s barring decision, finding it had omitted important contextual facts. The matter was remitted for a new decision.

  • Barred lists
  • Safeguarding vulnerable groups act
  • Mistake of fact
  • Mistake of law
  • Procedural fairness
  • Barred-lists
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Administrative law

DJB v Disclosure and Barring Service

The Upper Tribunal dismissed DJB’s appeal and confirmed DBS’s decision to include her in the children’s and adults’ barred lists.

  • Barred list inclusion
  • Safeguarding vulnerable groups act
  • Foster care regulation
  • Mistake of fact
  • Mistake of law
  • Barred-list-inclusion
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Safeguarding

SLS v Disclosure and Barring Service

The Upper Tribunal upheld DBS’s decision to place SLS on both barred lists, finding no mistake of fact or law and holding the decision proportionate.

  • Safeguarding vulnerable groups act
  • Proportionality
  • Mistake of fact
  • Mistake of law
  • Mental capacity act
  • Article 8 echr
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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.