EB v Disclosure and Barring Service
| Jurisdiction | UK Non-devolved |
| Judge | Judge Rowland |
| Neutral Citation | [2023] UKUT 105 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 24 May 2023 |
| Subject Matter | Safeguarding vulnerable groups - Adults’ barred list,Safeguarding vulnerable groups - Children’s barred list,Tribunal procedure,practice - tribunal jurisdiction,Rowland,M |
EB v Disclosure and Barring Service
[2023] UKUT 105 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No.: UA-2021-002123-V
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the Disclosure and Barring Service
Between: EB Appellant
- v –
Disclosure and Barring Service Respondent
Before: Deputy Upper Tribunal Judge Rowland
Mr Brian Cairns
Ms Josephine Heggie
Hearing date: 2 and 3 March 2023
Decision date: 3 May 2023
Representation:
Appellant: Mr Joseph Chiffers of Counsel, instructed by Lei Dat & Baig,
solicitors
Respondent: Mr Simon Lewis of Counsel, instructed by DLA Piper, solicitors
DECISION
The appeal is allowed on the ground that the Respondent made mistakes of
fact when deciding on 9 November 2020 to include the Appellant in the Adults’
Barred List and the Children’s Barred List.
NOTE THAT, on 13 July 2021, Upper Tribunal Jacobs ordered that –
No one shall publish or reveal the name or address of the
person referred to in the papers as KK or reveal any information
which would be likely to lead to the identification of either him
or any member of his family.
That Order applies to the person referred to in this decision as KK. Any
breach of the Order is liable to be treated as a contempt of court and
punished as such.
EB v Disclosure and Barring Service [2023] UKUT 105 (AAC)
UA-2021-002123-V
2
The Respondent is directed to remove the Appellant from both lists.
REASONS FOR DECISION
1. This an appeal, brought by the Appellant under section 4 of the Safeguarding
Vulnerable Groups Act 2006 (hereinafter “the 2006 Act”) with permission granted by
Upper Tribunal Judge Jacobs, against the decision of the Respondent, the
Disclosure and Barring Service (hereinafter “DBS”), dated 9 November 2020,
whereby the Appellant was included in both the Children’s Barred List and the Adults’
Barred List that are maintained by DBS under section 2 of the 2006 Act.
Page numbers
2. Each of the parties provided us with a bundle of documents and a separate
skeleton argument to which were attached various authorities. The Respondent’s
formal response to the appeal did not get into either of the main bundles of
documents but was attached to the Respondent’s skeleton argument. The Page
references in this decision are either to the 347-page DBS bundle of documents
“DBS” (of which at least 131 pages are duplicates) or to the 95-page Appellant’s
bundle of documents “App”. For convenience, we refer to the DBS bundle, except
where a document appears only within the Appellant’s bundle.
Barring under the 2006 Act
3. By section 3 of the 2006 Act, a person included in the Children’s Barred List or
the Adults’ Barred List is barred from relevant “regulated activity”. This broadly has
the effect that the person cannot be lawfully employed, or volunteer, as a person
providing personal care to children or vulnerable adults, as the case may be (see
section 5 and Schedule 4).
4. Schedule 3 makes provision for DBS to include people in the Lists. Paragraphs
3 and 4 provide –
“Behaviour
3(1) This paragraph applies to a person if—
(a) it appears to DBS that the person—
(i) has (at any time) engaged in relevant conduct, and
(ii) is or has been, or might in future be, engaged in regulated activity
relating to children, and
(b) DBS proposes to include him in the children's barred list.
(2) DBS must give the person the opportunity to make representations as to why he
should not be included in the children's barred list.
(3) DBS must include the person in the children’s barred list if—
(a) it is satisfied that the person has engaged in relevant conduct,
(aa) it has reason to believe that the person is or has been, or might in future
be, engaged in regulated activity relating to children, and
(b) it is satisfied that it is appropriate to include the person in the list.
4(1) For the purposes of paragraph 3 relevant conduct is—
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