MR v Disclosure and Barring Service (Safeguarding vulnerable groups: Adults’ barred list)
29.75MR v Disclosure and Barring Service (Safeguarding vulnerable groups: Adults’ barred list) [2015] UKUT 5 (AAC), 5 January 2015
The DBS reasons for including MR on the adult’s barred list were wrong but the case would be remitted to the DBS for further consideration
Facts: the DBS included MR on the adults’ barred list, largely on the basis that he had had a sexual relationship with patient B.
Judgment: the Upper Tribunal (UTJ Rowland, Ms M Tynan and Mr J Hutchinson) held that the oral evidence disclosed that MR had not had a sexual relationship with patient B. However, since there could still be grounds to include MR on the adult’s barred list, the case was remitted to the DBS.
Comment: this case is included as an example of day-to-day decision-making in the Upper Tribunal in DBS cases.