LMM v The Disclosure and Barring Service: [2024] UKUT 379 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Scolding KC on 20 November 2024
Read the full decision in .
Judicial Summary
Appellant sought to appeal on the basis of (a) mistakes of fact and (b) failure of the Disclosure and Barring Service (DBS) to carry out a fair decision making process by not looking for or seeking additional information for statutory and other bodies prior to making its decision. The Upper Tribunal dismissed the appeal on the basis that:
-
The DBS had undertaken a fair process prior to making its decision and was under no obligation to undertake an investigation or act as an investigative body.
-
The DBS were right to look at three incidents which took place at the Appellant’s places of work at different years as showing propensity to behave inappropriately with women.
-
The DBS did not make any mistakes of fact in the assessment of the material.
-
The Upper Tribunal examined the Nursing & Midwifery Council (NMC) disciplinary process and examined its conclusions when determining if mistakes of fact had been made.