DAK v Disclosure and Barring Service: [2025] UKUT 052 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 11 February 2025.
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Judicial Summary
The Disclosure and Barring Service (the DBS) included the Appellant on both barred lists following an incident during the night shift at a care home, although her name was later removed by the DBS from the Children’s Barred List. The evidence relied upon by the DBS was weak, much of it being untested second or third hand hearsay. The Appellant (and her shift leader) gave extensive oral evidence before the Upper Tribunal, which was tested under cross-examination. In the light of the fresh evidence before it, the Upper Tribunal found that the DBS had based its decision to bar the Appellant on material mistakes of fact. The Upper Tribunal directed the DBS to remove the Appellant’s name from the Adults’ Barred List.