Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> VM v Disclosure & Barring Service (Safeguarding vulnerable groups - Adults' barred list, Safeguarding vulnerable groups - Children's barred list) [2024] UKUT 220 (AAC) (6 August 2024)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2024/220.html
Cite as: [2024] UKUT 220 (AAC)

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VM v Disclosure & Barring Service (Safeguarding vulnerable groups - Adults' barred list, Safeguarding vulnerable groups - Children's barred list) [2024] UKUT 220 (AAC) (6 August 2024)

The decision of the Disclosure and Barring Service taken on 20 April 2022 to include the Appellant's name on the Children's and Adults' Barred Lists did not involve any mistake on a point of law nor was it based upon material mistakes in findings of fact. The decision of the DBS is confirmed. The Tribunal also considered that section 53 of the Act and paragraph 1(5) of Schedule 4 to the Act include fostering as regulated activity relating to children. However, the same does not apply to Special Guardians (`SGs') under a Special Guardianship Order (`SGO'). Acting as a SGO is not a regulated activity. It remains activity carried out within family and personal relationships that is not regulated activity by virtue of section 58 of the Act. The decision to bar the Appellant would not prevent her continuing to act as a SGO or being newly appointed as such in relation to her grandchildren. However, such decisions would be made independently by the Local Authority and Family Courts applying different statutory criteria.

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