Ms v Department of Communities (Disability Services)

The matter before the tribunal involved a dispute between a woman, referred to as Ms and the Department of Communities (Disability Services). Ms sought to challenge a decision by the department to issue her a negative notice, which would prohibit her from working in roles that involved vulnerable people due to her criminal history. The tribunal was tasked with determining whether the decision was lawful, reasonable, and in the best interests of people with a disability.

The legal issues at the heart of the case centred on whether the decision to issue a negative notice was appropriate and whether there were exceptional circumstances that warranted a positive notice instead. The tribunal had to consider the nature of Ms's criminal history, the risk she posed to vulnerable people, and whether a negative notice was in the best interests of people with a disability. The tribunal also had to consider whether it was in the public interest to publish the names of the applicant, witnesses, and referees, and of the organisations involved in the decision.

The tribunal found that the decision to issue a negative notice was not justified, as there were exceptional circumstances that warranted a positive notice. The tribunal determined that Ms's criminal history did not pose a significant risk to vulnerable people and that a negative notice would not be in the best interests of people with a disability. The tribunal also found that it was not in the public interest to publish the names of the applicant, witnesses, and referees, and of the organisations involved in the decision. Accordingly, the tribunal set aside the decision to issue a negative notice and ordered that a positive notice be issued forthwith to Ms. The tribunal also prohibited the publication of the names of the applicant and the names of the witnesses and referees and of the organisations in the decision relating to application GAR127-10.