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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
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 Barred List was not based on any mistake of fact or error of law. The decision is confirmed.
REASONS FOR 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