DGW v Disclosure and Barring Service: [2025] UKUT 069 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 25 February 2025
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Judicial Summary
Appellant included in children’s barred list in 2024, based on factual findings about events that occurred 23 years earlier, in 2001, between the appellant (then aged 26) and a 14 year old girl in social services residential care home – appellant had been convicted in 2002 of ‘abducting an unmarried girl under 16’ – permission to appeal granted on limited grounds – Upper Tribunal found no mistake of fact in Disclosure and Barring Service’s (DBS) findings that appellant had sexual relationship with the 14 year old girl and that he bought her alcohol and cannabis – Upper Tribunal also found no mistake in DBS’s finding that appellant held, at the time of its decision, a belief that children under 16 could consent to sex, and an attitude that he could do what he wanted irrespective of the safety or concern of others – DBS had not taken into account the course of the appellant’s life since 2001 – that was not a mistake on a point of law (as DBS had no information on that at the time of its decision) – nor was it a mistake of fact, as DBS’s decision had been made on the basis of the appellant’s belief and attitude (as above), and the Upper Tribunal had found no mistake in these – nor was the decision disproportionate – appeal dismissed.