LB v The Disclosure and Barring Service: [2026] UKUT 189 (AAC)
Summary
The Upper Tribunal Administrative Appeals Chamber considered an appeal concerning a Disclosure and Barring Service decision. The tribunal found that the DBS had made mistakes of fact and a mistake of law in relation to findings about the appellant's conduct and the opportunity to make representations.
Why it matters
This is relevant to surveyors where DBS checks are required for roles involving vulnerable adults or regulated activity. It highlights the importance of accurate factual findings and fair process in safeguarding-related decisions.
Key points
- Upper Tribunal decision by Judge Johnston dated 11 May 2026.
- DBS was found to have made two mistakes of fact.
- The factual errors related to an alleged request for money from a vulnerable adult and ongoing financial problems.
- The tribunal also found a mistake of law because the appellant was not given the chance to respond to a finding.
- The case concerns procedural fairness in DBS decision-making.
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