KS v Disclosure and Barring Service: [2025] UKUT 045 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judges Jacobs and Wright on 7 February 2025
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Judicial Summary
This is the decision of a Presidential Panel set up to decide the proper approach for the Upper Tribunal to take to proportionality on an appeal against a decision of Disclosure and Barring Service (DBS). The Upper Tribunal decided that it must decide for itself whether DBS’s decision was proportionate. The decision explains why that is so and what it involves.
The Upper Tribunal also decided that an appellant in an appeal against a decision of DBS may apply to amend their notice of appeal (in effect their grounds of appeal) under rule 5(3)(c) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698). The permission of the Upper Tribunal is required.