Safeguarding – Disclosure and Barring Service Appeal

Matthew Howarth, instructed by Duncan Lewis Solicitors, recently appeared on behalf of the Appellant case MG v Disclosure and Barring Service [2022] UKUT 89 (AAC) before Upper Tribunal Judge Church.

This was safeguarding litigation following an appeal of a DBS decision. The Upper Tribunal considered when risks identified in relation to a sexual offence against an adult could properly be said to be ‘transferable’ to regulated activity with children. It was decided that given that the Safeguarding Vulnerable Groups Act 2006 defines a child simply as a person under the age of 18, there is no requirement that the person in question must have any particular sexual interest in children, merely an unacceptable risk that they would be tempted to exploit the vulnerabilities of a person under the age of 18 should the opportunity arise (whether or not they were aware of their age).

Matthew is a member of the Attorney General’s Panel of Counsel and regularly represents both Appellants and Government in Disclosure and Barring Service appeals.

This case was reported recently in the Senior President of Tribunals’ Annual Report 2022.

Government Publication 2022