LMM v 皇冠体育app Disclosure and Barring Service: [2024] UKUT 379 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Scolding KC on 20 November 2024
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Judicial Summary
Appellant sought to appeal on the basis of (a) mistakes of fact and (b) failure of the Disclosure and Barring Service (DBS) to carry out a fair decision making process by not looking for or seeking additional information for statutory and other bodies prior to making its decision. 皇冠体育app Upper Tribunal dismissed the appeal on the basis that:
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皇冠体育app DBS had undertaken a fair process prior to making its decision and was under no obligation to undertake an investigation or act as an investigative body.
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皇冠体育app DBS were right to look at three incidents which took place at the Appellant鈥檚 places of work at different years as showing propensity to behave inappropriately with women.
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皇冠体育app DBS did not make any mistakes of fact in the assessment of the material.
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皇冠体育app Upper Tribunal examined the Nursing & Midwifery Council (NMC) disciplinary process and examined its conclusions when determining if mistakes of fact had been made.