HB v Disclosure and Barring Service

Facts

HB has a long history of mental health difficulties. She was convicted in 2003, and the Disclosure and Barring Service (DBS) was satisfied that the offences arose from her deliberately injuring her two-year-old child between October 2002 and January 2003, causing bruising and burns. DBS was also satisfied that between 2010 and 2021 she caused emotional harm to her three children, including through manic behaviours linked to her mental health. The children's basic needs were not met and they were removed from her care. The records showed overdoses in 2018 and 2019. They also showed a psychotic episode in August 2021, in the presence of her children, during which police put her in handcuffs and limb restraints, and a crisis in October 2022 in which police found her self-harming. From 2023 she took part in an NHS dialectical behaviour therapy programme, and she had volunteered as a peer support mentor with an organisation supporting people in the criminal justice system. On 19 June 2024 DBS decided, under paragraph 9 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, to include her in both the children's and the adults' barred lists. Among its findings were that the therapy she was receiving was intensive and that a significant risk remained if her mental health deteriorated. HB appealed only against her inclusion in the adults' list. On 14 August 2025 Judge Citron granted permission on limited grounds: mistake of fact, disproportionality, and error of law in treating her conduct as relevant conduct. The two legal grounds drew in part on LJCB v DBS [2025] UKUT 117 (AAC). HB represented herself at a remote hearing.