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Introductory matters
Introductory matters
This is the Appellant’s appeal against the Disclosure and Barring Service’s final decision, dated 9th June 2022, to include him on the Children’s Barred List under the Safeguarding Vulnerable Groups Act 2006 (“SVGA”).
Permission to appeal was given by Judge Fitzpatrick on 7th November 2023 pursuant to an oral hearing of the application. We held an oral hearing of the full appeal at the Birmingham Civil and Family Justice Centre on 3rd December 2024. This was a face-to-face hearing with the panel, the Appellant and the legal representatives attending in person. The Appellant was accompanied by his mother and gave oral evidence for over one hour. We are grateful to the parties for their attendance and to both counsel for their submissions. It took some time to get a date for hearing which suited both parties, and we have therefore accorded a degree of priority to making this decision available to them as soon as we can.
- 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