Heading

IN THE UPPER TRIBUNAL Appeal No UA-2020-001647-V
Between:
XYZ
Appellant
- v –
DBS
Respondent
Before: Upper Tribunal Judge Church and Tribunal Members Hutchinson and Stuart-Cole
Decided following an oral hearing at Field House, London on 22 November 2023
Representation:
Appellant: Mr Gavin Dingley of counsel (instructed on a direct access basis)
Respondent: Mr Ashley Serr and Ms Nia Marshall of counsel (instructed by the DBS legal department)
ORDERS UNDER RULE 14
Pursuant to rule 14(1)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (the “UT Rules”) the Upper Tribunal orders that no documents or information should be disclosed in relation to these proceedings that would tend to identify the Appellant, the complainant or any witness in these proceedings, as well as the school at which the Appellant taught.
Pursuant to rule 14(1)(b) of the UT Rules the Upper Tribunal orders that there is to be no publication of any matter likely to lead members of the public directly or indirectly to identify the Appellant, the complainant, any other witness in these proceedings or the school at which the Appellant taught.
DECISION
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal: the decision of the Disclosure and Barring Service (“DBS”) DBS made on 15 September 2020 to include the Appellant’s name in the Children’s
- What this appeal is about
- Preliminary issue: anonymity
- The Barring Decision
- The TRA Decision
- The legal issues in this appeal
- The statutory framework
- Duty to maintain the Barred Lists
- Criteria for inclusion in the children’s barred list
- Appeals of decisions to include, or not to remove, persons in the Barred Lists
- The recent authorities on the Upper Tribunal’s “mistake of fact” jurisdiction
- Issue 1: Did DBS err in law by making a final decision to place XYZ’s name on the Children’s Barred List without awaiting the outcome of the TRA proceedings?
- Issue 2: What is the significance of the TRA Decision?
- Issue 2: Was the Barring Decision based upon a material mistake of fact?
- Findings that XYZ holds an exploitative attitude, formed a personal relationship with Pupil A for his own gratification, and holds a significant sexual interest in teenage girls, having engaged in sex
- Conclusions
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