OR v Disclosure and Barring Service: [2023] UKUT 160 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 6 July 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 8 August 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: 6 July 2023

Read the full decision in UA-2021-000088-V.

Judicial Summary

This appeal is about what the Disclosure and Barring Service needs to say about a decision to place an individual’s name on the adults’ barred list where there is no evidence of the individual engaging in relevant conduct relating to vulnerable adults, but there is evidence of relevant conduct relating to children (what the Disclosure and Barring Service calls ‘transferability’), and involves discussion of the proper approach to ‘transferability’.

Published 8 August 2023