LW v Disclosure and Barring Service: [2024] UKUT 129 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 29 April 2024

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 30 May 2024

• Categories: Safeguarding vulnerable groups
• Sub-categories: Safeguarding vulnerable groups - Adults’ barred list
• Judges: Church, TH
• Decision date: 23 May 2023

Read the full decision in UA-2022-001136-V.

Judicial Summary

In this appeal the Upper Tribunal considered whether the Disclosure and Barring Service’s (DBS) decision to place the Appellant’s name on the Adults’ Barred List was based on a material mistake of fact.

The Upper Tribunal had the benefit of two significant pieces of fresh evidence not available to the DBS: the transcript of the judge’s summing up in a Crown Court trial in respect of allegations of which the Appellant was acquitted, and the Appellant’s oral evidence at the hearing before the Upper Tribunal.

However, this fresh evidence did not persuade the Upper Tribunal that the DBS had made any material mistake of fact in reaching its decision.

Published 30 May 2024