[2025] UKUT 17 (AAC)

This appeal is set in a somewhat unusual factual and evidential landscape given it involves an online campaign group (CIM). We express no views as to their actions.

Nonetheless, we must decide whether on the balance of probabilities DBS have made a mistake on any point of law or in any finding of fact which it has made and on which the decision to bar JA was based. In considering the Appellant’s grounds of appeal, we have concluded that none of the grounds of appeal are made out in relation to DBS’s first finding of relevant conduct.

There is evidence at pages 61/62 of the UT bundle that a Police Officer from West Midlands Constabulary did see the screenshots of the messages. A statement was taken from MB detailing what these messages were. It was suggested by counsel for DBS that this statement was likely compiled from the messages as it contained significant detail. The statement was made the day after the incident. The contents of the message thread were not disputed by the Appellant subject to the exceptions referred to above.

We do not agree in the circumstances of this appeal DBS “erred in the finding of fact in that it has inaccurately interpreted the evidence”. Nor are we persuaded the Respondent took into account matters it should not have. Neither do we agree DBS has failed to “adequately consider the weight of evidence that put in question the credibility of the witness that made the allegation.” While MB is an anonymous witness, this has less significance in this appeal because: (i) the appellant agrees with almost the whole conversation and was able to give oral evidence regarding the parts he disputed; and (ii) no evidence or motive as to why MB would be untruthful has been advanced. The Appellant was given an opportunity and did make representations to DBS. In all the facts and circumstances of this case we consider DBS was entitled to make finding one as set out at paragraph 10 above. None of these grounds of appeal establish any mistake of fact or law in the first finding of relevant conduct.