NG v Disclosure and Barring Service: [2024] UKUT 427 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 17 December 2024
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Judicial Summary
Disclosure and Barring Service (DBS) included the appellant on the adults’ barred list because it found: (i) she had been complicit in locking residents in their rooms overnight; and (ii) she had verbally abused residents. The Upper Tribunal finds that there was no evidence for finding (ii) which was an error of fact and law. The Upper Tribunal further finds that in deciding to bar the appellant for finding (i) DBS erred in law and in fact in a number of respects, including that the barring decision was disproportionate and breached the appellant’s rights under Article 8 of the European Convention on Human Rights. The Upper Tribunal directs DBS to remove the appellant from the list.