JI v Disclosure and Barring Service: [2024] UKUT 270 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 3 September 2024
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Judicial Summary
Safeguarding Vulnerable Groups Act 2006 - appellant included in children’s barred list based on finding about incident in which appellant, a nursery teacher, placed 2 year old in a high chair to stop her running around the nursery, and then, when child continued to be disruptive, picked up high chair (with child) and put her outside for a few minutes, to incentivise better behaviour - Held: Disclosure and Barring Service (DBS) had not made mistakes in finding that appellant used high chair inappropriately, had restrained child in it, and had said to child, “it’s a bit cold and wet outside, isn’t it?” - also Held that barring decision not disproportionate, based on all the facts at time of decision and DBS’s expert opinion that appellant posed significant risk - appeal dismissed.