DKS v The Disclosure and Barring Service: [2025] UKUT 030 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 27 January 2025

Read the full decision in UA-2021-000319-V.

Judicial Summary

This appeal is mainly about whether the DBS made a mistake of fact in finding that DKS had, while working as a Senior Carer at a care home, shouted and sworn at a resident who had soiled himself, and in finding that DKS had shouted at or spoken abruptly to, other residents and told residents that they use their buzzers too much. It also raises an issue about whether the DBS made a mistake of law by failing to await the outcome of criminal proceedings arising out of the same allegations before making a final decision to place DKS’s name on the Adults’ Barred List.

We decide that the DBS’s decision involved no material mistake of fact or law and dismiss the appeal.

Updates to this page

Published 18 February 2025