Gavin Dingley is pleased to have appeared for XYZ, leading his excellent junior Freyja Mcloughlin, in this landmark case before the Court of Appeal. The decision handed down today tackles a crucial legal issue: whether findings of fact made by professional regulatory bodies like the Teachers’ Regulation Authority (TRA) are binding on the Disclosure and Barring Service (DBS).
The Court’s ruling confirms that DBS and the Upper Tribunal are not bound by a regulatory body’s factual determinations, even where the same evidence is considered. A stark reminder that safeguarding and professional regulation serve distinct legal purposes—one assessing professional misconduct, the other determining future risk.
This case raises profound questions about fairness, consistency, and the weight afforded to regulatory decisions in DBS proceedings. While our appeal was ultimately dismissed, the arguments advanced will undoubtedly shape future challenges in this complex legal landscape.
A link to the full decision is here.