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A brief summary of the factual background to the appeal
A brief summary of the factual background to the appeal
On Thursday 19th December 2019 Warwickshire police were contacted by the headteacher at the primary school where JA worked. She stated she had been contacted by Children’s Innocence Matters Facebook group (CIM) who claimed JA had been messaging a member of the group posing as a 15-year-old boy on the Grindr app (known as “L”) and that he had arranged to meet the boy near his given home address on 18th December 2019 but members of the group attended the meeting place and JA left the scene.
JA was arrested on 19th December 2019 and interviewed under caution. He produced a prepared statement denying the allegations. On 4th June 2020, JA was arrested for possession of a Class C indecent image of a child found on his mobile phone. He was interviewed under caution and denied knowing the image was on his phone. There were no criminal proceedings in relation to either of these allegations.
- Heading
- A summary of the Upper Tribunal’s decision
- Introductory matters
- The statutory framework
- The appeal provisions
- The guidance in the case law
- Mistakes of law
- The DBS’s barring decision
- A brief summary of the factual background to the appeal
- The grounds of appeal and the parties' submissions
- The oral hearing of the substantive appeal
- JA’s oral evidence at hearing
- Our assessment of the appellant’s evidence and findings of fact
- Other grounds of appeal relating to first finding of relevant conduct
- T he indecent image: second finding of relevant conduct
- Materiality
- Proportionality
- 49.These four questions were later developed by Lord Sumption in Bank Mellat [2013] UKSC 39 at 20
- 50.In assessing proportionality, the Upper Tribunal has ‘…to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation’ (see Independent Safeguarding Author
- Conclusions