JH v The Disclosure and Barring Service

Facts

The appellant had worked as a care worker since 2014, and this was the only allegation made against him in that time. By a letter dated 22 May 2024 the Disclosure and Barring Service (DBS) included him in the adults' barred list. It found that, on dates unknown in April 2023, he abused his position of trust as a Support Worker and professional boundaries to manipulate a vulnerable adult, SR, into loaning him £300, placing SR at risk of financial and emotional harm. It was common ground that the appellant received the money from SR. His case was that he had not manipulated anyone and that SR had paid the money into his account of his own volition. He said he intended to repay it but was told not to contact SR or the care company. The police took no further action. Permission to appeal to the Upper Tribunal was granted on the basis that the appellant had a real prospect of being believed when giving oral evidence on the facts, and on an arguable error of law that inclusion on the list was disproportionate. The appeal was heard by CVP on 27 August 2026, the appellant representing himself and the DBS being represented by counsel.