The appeal hearing
The appeal hearing
An oral hearing of the appeal took place at Field House, London on Thursday 4 October 2023. The Appellant was represented by Mr Robin Kitching of counsel, instructed by Burton Copeland LLP. The DBS was represented by Mr Benjamin Gray of counsel, instructed by DLA Piper LLP.
The panel heard evidence from the Appellant, who gave evidence in person, and from Father Murphy, who gave his evidence remotely by video link. Both witnesses were available for cross-examination by Mr Gray (albeit that he declined to cross-examine Father Murphy), and both were questioned by members of the panel.
We are grateful both to Mr Kitching and to Mr Gray for the clear and helpful way in which they each presented their arguments.
- Heading
- On appeal from the Disclosure and Barring Service ( “DBS” )
- Factual background
- The statutory framework
- Duty to maintain the Barred Lists
- Criteria for inclusion in the Barred Lists
- Appeals of decisions to include, or not to remove, persons in the Barred Lists
- The authorities on the Upper Tribunal’s jurisdiction
- The agreed facts
- MM’s grounds of appeal
- The appeal hearing
- The oral evidence
- Section 12
- Discussion
- Ground 2 – was inclusion in the children’s barred list irrational or disproportionate?
- Conclusions
![[2023] UKUT 275 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)