MS v Decision and Barring Service (V): [2022] UKUT 184 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 7 July 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 1 August 2022

• Categories: Safeguarding vulnerable groups
• Sub-categories: Safeguarding vulnerable groups - Children’s barred list
• Judges: Church, TH
• Decision date: 7 July 2022

Read the full decision in UA-2021-002013-V.

Judicial Summary

Safeguarding Vulnerable Groups – discusses whether it is irrational for DBS to decide that conduct does not make inclusion appropriate and proportionate, but lack of insight into risk of that conduct causing harm does - discusses import of evidence of child that they did not feel threatened or overwhelmed by contact with the referred person – also discusses whether a failure to explain why DBS on reopening a “no barring action” case came to a different conclusion this time amounts to a material error of law.

Published 1 August 2022