ZP v Disclosure & Barring Service

Facts

ZP, whose initials were chosen at random under an anonymity order, was convicted in 2017 of causing or allowing the death of a child, contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004. The case concerned the death in 2016 of her infant son, whom her then partner murdered. She received a suspended sentence. In 2018 the Disclosure and Barring Service (DBS) included her in the children's barred list. In 2022, having become interested in working with vulnerable adults, she contacted DBS. DBS then sent a 'minded to bar' letter dated 31 May 2022, stating that it intended to include her in the adults' barred list 'because of… your offence information'. She made detailed written representations supported by evidence: her therapy and discharge from mental health services, courses including the Freedom programme, qualifications, and a voluntary counselling offer. A local authority social worker also gave evidence. On 17 January 2023 DBS included her in the adults' barred list and retained her in the children' barred list. With permission, she appealed to the Upper Tribunal against the adults' list decision only; the retention in the children's list was not challenged in these proceedings. Her grounds alleged procedural unfairness, perversity, inadequate reasons, failure to consider relevant evidence, and reliance on an irrelevant consideration.