VM v Disclosure & Barring Service: [2024] UKUT 220 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jones on 21 June 2024.
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Judicial Summary
The decision of the Disclosure and Barring Service taken on 20 April 2022 to include the Appellant鈥檚 name on the Children鈥檚 and Adults鈥� 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 (鈥楽Gs鈥�) under a Special Guardianship Order (鈥楽GO鈥�). 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.