[2025] UKUT 17 (AAC)

The Appellant has made a number of written submissions, but these have helpfully been consolidated in the Appellant's comprehensive skeleton argument of 19^th November 2024 which also sets out the perfected grounds of appeal. Given the length of this document, we will not rehearse these in detail.

In summary, the perfected grounds of appeal submit as follows: i) the screenshots shown by the decoy to the police officer were not those relating to the age of the ‘the boy’(L); ii) the DBS failed to properly or adequately consider the weight of evidence that put in question the credibility of the witness that made the allegation; iii) the DBS’s findings as to relevant conduct were irrational; iv) the DBS took into account matters it should not have done; and v) that the DBS decision was disproportionate. There was also reference made to DBS "reaching a different decision than that reached and communicated by the Respondent on 11 June 2020.” This last point was not substantively argued at the oral hearing. We note that the Respondent’s letter of 16^th September 2022 refers to receiving further evidence which DBS would consider. Proportionality was mentioned by the Appellant’s representative during the hearing but was not substantively argued. We have not referred in detail to the grounds relating to the indecent image found on the Appellant’s phone for reasons which will become apparent.

The main issue in the appeal, which was common ground between the parties, was whether the Appellant believed he was communicating with a 15-year-old boy, and the hearing reflected the focus on this issue. The Respondent’s position is set out in Mr Serr’s skeleton argument

We thank counsel for their helpful oral and written submissions.