[2025] UKUT 333 (AAC)

Appeal No. UA-2022-001347-V

Between:

GE

Appellant

- v -

Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge Brunner KC and Tribunal Members Josephine Heggie and Suzanna Jacoby

Hearing date: 26 September at Manchester Civil Justice Centre

Mode of hearing: Face-to-face

Representation:

Appellant: In person

Respondent: Mr Fulbrook

On appeal from:

Decision maker: The Disclosure and Barring Service

Reference No: 00910518717

Decision Date: 26 June 2022

ANONYMITY ORDER

Pursuant to Rule 14(1)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008, no-one shall publish or disclose any matter likely to lead members of the public to identify either the Appellant or the Appellant’s ex-wife and her daughter.

Any breach of this order is liable to be treated as a contempt of court

and may be punishable by imprisonment, fine or other sanctions under

section 25 of the Tribunals, Courts and Enforcement Act 2007. The

maximum punishment that may be imposed is a sentence of two years’

imprisonment or an unlimited fine.

SUMMARY OF DECISION

SAFEGUARDING (65)

This case involved a decision by the DBS that the appellant should be placed on to the Adults’ barred list, based on a finding that he had sexual intercourse with his wife without her consent. The appellant had been acquitted of rape at a criminal trial. Having heard evidence from the appellant, the decision of the Tribunal was that there was no mistake of fact or law in the DBS’s decision. The appeal was dismissed.

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