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A summary of the Upper Tribunal’s decision
A summary of the Upper Tribunal’s decision
We conclude that the Disclosure and Barring Service’s (DBS) decision does not involve any material mistake of fact or error of law. This is the only basis on which we can interfere with the decision. Accordingly, we confirm the Respondent’s decision to include the Appellant (also referred to as ‘JA’) on the Children’s Barred List.
- 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