AB v Disclosure and Barring Service ; [2020] UKUT 74 (AAC)

Upper Tribunal Administrative Appeals Chamber decisions of Judge Perez on 29 June 2018 (interim) and 11 March 2020 (final).

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 15 September 2020

• Categories: Safeguarding vulnerable groups, Tribunal procedure and practice
• Sub-categories: Safeguarding vulnerable groups - Children’s barred list, Tribunal procedure and practice - tribunal jurisdiction
• Judges: Perez, R
• Decision date: 11 March 2020

Read the full decision in V/2641/2016 (interim) V/2641/2016 (final)

Judicial Summary

There are two decisions in this case: an interim decision dated 29 June 2018, and a disposal decision dated 11 March 2020. The 11 March 2020 decision decides that the power in section 4(6)(a) of the Safeguarding Vulnerable Groups Act 2006 for the Upper Tribunal to direct removal from the list is not limited as mentioned in paragraph 8 of MR v DBS [2015] UKUT 0005 (AAC). That paragraph 8 says “the Upper Tribunal is entitled to remove a person from a barred list under subsection (6)(a) only either if the Respondent accepts that that is the decision that should be made in the light of the error of fact or law found by the Upper Tribunal or if the Upper Tribunal is satisfied that that is the only decision that the Respondent could lawfully make if the case were remitted to it”.

Published 15 September 2020