MG v Disclosure and Barring Service (DBS): [2025] UKUT 075 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 28 February 2025
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Judicial Summary
The Disclosure and Barring Service (DBS) decided to include the appellant on the children’s and adults’ barred lists because she had slept whilst on duty as a Night Support Worker. The Upper Tribunal decided that while DBS was correct that the appellant had slept whilst on duty, DBS had made material mistakes of fact in its decision in finding that the appellant intended to sleep whilst on duty and as to her attitude and response to the incident. The Upper Tribunal made a preliminary decision that DBS had made mistakes of fact, but adjourned consideration of the appellant’s further ground of appeal, which was based on the proportionality of DBS’s decision. The parties were invited to make further submissions on proportionality. DBS then reviewed its decision of its own motion under paragraph 18A of Schedule 3 to the Safeguarding of Vulnerable Groups Act 2006 and decided to remove the appellant from the registers. The parties then consented to the appeal being disposed of by consent. This document includes both the Upper Tribunal’s Decision On Preliminary Issue and the Consent Order.