PC v Disclosure and Barring Service: [2023] UKUT 309 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jones on 31 July 2023.
Read the full decision in .
Judicial Summary
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The Upper Tribunal was satisfied that the grounds of appeal were without merit and the Disclosure and Barring Service did not err either in fact or law in reaching the finding that the Appellant had engaged in relevant conduct. It is apparent from the Minded to Bar and final decision letters and from the Rationale Document that the Respondent carefully assessed and evaluated the evidence before it and reached a conclusion open to it on the evidence.
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Furthermore, in considering questions of appropriateness and proportionality the Respondent properly addressed its mind to the nature of the Appellant’s behaviour, his disregard for health and safety regulations, the potential for his actions to have resulted in serious harm, his past career and the impact upon him of barring .
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For the reasons set out above, PC’s appeal was dismissed.
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The Upper Tribunal concluded for the purposes of section 4(5) of the Act that there were no mistakes of law in the DBS Decision to include the Appellant on the Children’s Barred List & Adults’ Barred List. There were no material mistakes of fact upon which the Decision was based.