JHB v The Disclosure and Barring Service
[2024] UKUT 367 (AAC)
TM v The Disclosure and Barring Service
26 March 2024
[2024] UKUT 88 (AAC)
Upper Tribunal
A foster carer was barred from working with children. She appealed, saying the decision was wrong. The court said the appeal only looked for mistakes of fact or law, not whether the decision was fair. They found no mistakes and upheld the bar.
Key Facts
- •Appeal against the Disclosure and Barring Service's (DBS) decision to include the appellant (Mrs. M) on the Children's Barred List.
- •The DBS decision was based on two incidents involving heated conversations between Mrs. M and a 16-year-old foster child (SC), captured on audio.
- •The appeal was based on alleged mistakes of fact by the DBS and failure to consider relevant information.
- •The Upper Tribunal (UT) found that Mrs. M showed genuine remorse and insight but ultimately dismissed the appeal.
Legal Principles
Appeals against DBS barring decisions are limited to mistakes of fact or law; the appropriateness of barring is not reviewable.
Safeguarding Vulnerable Groups Act 2006, section 4(3)
Relevant conduct, under Schedule 3 of the 2006 Act, includes conduct endangering or likely to endanger a child.
Safeguarding Vulnerable Groups Act 2006, Schedule 3, paragraphs 3, 4, 9, 10
In proportionality assessments, the UT must afford appropriate weight to the DBS's judgment on appropriateness.
R (Aguilar Quila) v Secretary of State for the Home Department [2012] 1 AC 621; ISA v SB and RCN [2012] EWCA Civ 977
Outcomes
Appeal dismissed.
The UT found no material mistake of fact or error of law in the DBS's decision. The arguments regarding the appropriateness of the barring decision were not appealable.