[2025] UKUT 17 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 17 (AAC)

Fecha: 09-Jun-2022

Heading

Neutral Citation Number: [2025] UKUT 17 (AAC) Appeal No. UA-2022-001239-V
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER

Between:

JA

Appellant

- v -

Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge E Fitzpatrick

Upper Tribunal Member J Heggie

Upper Tribunal Member S Jacoby

Hearing date: 3rd December 2024

Mode of hearing: Oral (face to face)

Venue: Birmingham Civil and Family Justice Centre

Representation:

Appellant: Ms L Bayley of counsel instructed by Richard Nelson LLP.

Respondent: Mr A Serr of counsel instructed by DLA Piper UK LLP.

RULE 14 Order

Pursuant to rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, it is prohibited for any person to disclose or publish any matter likely to lead members of the public to identify the Appellant in these proceedings. This order does not apply to: (a) the Appellant; (b) any person to whom the Appellant discloses such a matter or who learns of it through publication by the Appellant; or (c) any person exercising statutory (including judicial) functions where knowledge of the matter is reasonably necessary for the proper exercise of the functions.

SUMMARY OF DECISION

65 Safeguarding vulnerable groups, 65.1 Children’s barred list, 65.9 Finding of fact, 65.10 materiality.

Judicial summary: Assessment of Appellant’s credibility subsequent to giving oral evidence at hearing, finding of mistake of fact in relation to one of the Respondent’s findings but this mistake was not material to the Respondent’s decision to include JA on the Children’s barred list.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION OF THE UPPER TRIBUNAL

On appeal from: Disclosure and Barring Service (“DBS”)

DBS Reference: P0000KGNWBC

Final Decision Letter: 9th June 2022

The decision of the Upper Tribunal is to dismiss the appeal.

REASONS FOR DECISION