[2025] UKUT 041 (AAC)

Section 4(2) of the SVGA confers a right of appeal to the Upper Tribunal against a decision by the DBS on the grounds that the DBS has made a mistake on any point of law; or a mistake in any finding of fact which it has made and on which the decision was based. For an appeal to succeed therefore, the Appellant must demonstrate, on the balance of probabilities, that the DBS either made an error of law or a material error of fact in its decision (PF v DBS [2020] UKUT 256 (AAC).

Section 4(3) of the SVGA states that “the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.” The question of appropriateness is therefore not a matter within the Upper Tribunal’s jurisdiction.