[2025] UKUT 17 (AAC)

The Upper Tribunal may consider whether the DBS made a mistake of law in making the barring decision. This will include considering whether the DBS has properly interpreted or applied the law, whether its decision was procedurally fair and whether there was any error of law in its decision or findings of fact (whether it made an unreasonable decision or finding, failed to take into account relevant evidence or took into account irrelevant evidence). A mistake of law may be established if the barring decision is irrational, however the test is a high one: a decision that no reasonable decision maker properly instructed could make. Finally, there will also be a mistake of law if the barring decision was disproportionate. Therefore, while the Tribunal may consider if the decision is proportionate, as already noted, the decision that it is appropriate to bar is not within the Upper Tribunal’s jurisdiction but is a matter for the DBS.