MM v Disclosure and Barring Service: [2023] UKUT 275 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 13 November 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 29 December 2023

• Categories: Safeguarding vulnerable groups
• Sub-categories: Safeguarding vulnerable groups - Adults’ barred list, Safeguarding vulnerable groups - Children’s barred list
• Judges: Church, TH
• Decision date: 13 November 2023

Read the full decision in UA-2022-000563-V.

Judicial Summary

Safeguarding Vulnerable Groups Discusses:

(1) what significance the Disclosure and Barring Service is obliged to place on the passage of time between the conduct which the DBS relies upon and the barring decision, where the referred person has not repeated such conduct in the intervening period; and

(2) whether, and if so in what circumstances, the DBS is entitled to place an individual’s name on the children’s barred list based on concerns arising from that individual’s sexual offending against adults even where the evidence doesn’t establish any sexual interest in children.

Published 29 December 2023