TM v The Disclosure and Barring Service
[2024] UKUT 88 (AAC)
DJB v Disclosure and Barring Service
31 May 2024
[2024] UKUT 159 (AAC)
Upper Tribunal
A foster carer didn't tell the agency her boyfriend had cautions for sex offences and let him stay over. The agency removed the child and barred the carer from fostering. The court agreed the carer had not properly protected the child, even though there were some small mistakes in the agency's report.
Key Facts
- •DJB, a foster carer, was in a relationship with B, who had two cautions for sexual offences.
- •DJB did not disclose B's cautions to the fostering agency.
- •B had overnight stays at DJB's home while her foster child, C, was present.
- •The fostering agency ended C's placement with DJB due to concerns about safeguarding.
- •The Disclosure and Barring Service (DBS) included DJB in the barred lists.
- •DJB appealed the DBS decision to the Upper Tribunal.
Legal Principles
The Upper Tribunal can only overturn a DBS decision if it finds a mistake of law or a material mistake of fact.
Safeguarding Vulnerable Groups Act 2006, section 4(2)
The decision on whether it is appropriate to include an individual in a barred list is not a question of law or fact.
Safeguarding Vulnerable Groups Act 2006, section 4(3)
Relevant conduct includes conduct endangering a child or vulnerable adult, including causing harm or putting them at risk of harm.
Safeguarding Vulnerable Groups Act 2006, Schedule 3, paragraphs 3, 4, 9, 10
Outcomes
The Upper Tribunal dismissed DJB's appeal.
The Tribunal found no material mistakes of fact or law in the DBS decision. While some minor factual errors were identified, they were deemed immaterial to the overall outcome. The DBS's core findings, relating to DJB's failure to disclose B's cautions and allowing B overnight stays, were upheld.