Documentary evidence before the Upper Tribunal
Documentary evidence before the Upper Tribunal
In addition to the decision letter, evidence in the bundle of 131 pages included:
supporting documents sent with CW’s application for permission to appeal, including a Teaching Regulation Agency letter of 5 July 2022 and a number of references for CW; the Teaching Regulation Agency said it had concluded that CW’s case should be closed with no further action; it determined that there was insufficient evidence to suggest serious unacceptable professional misconduct/conduct that could bring the profession into disrepute for which a prohibition order should be considered
the referral of CW to DBS by the supply teacher agency that engaged him at the time of the May 2021 incident, dated 23 June 2021
email from CW of 7 June 2021 (about what happened on 11 May 2021)
“Position of trust meeting” minutes 20 May 2021 and 14 June 2021 (these meetings were attended by the local authority designated officer (“LADO”), and other local authority staff, supply agencies that engaged CW, the deputy head at the primary school of the May 2021 incident, and police)
email from a police officer of 27 May 2021
termination letter from a supply agency dated 22 June 2021
email from a LADO dated 12 April 2019 to the supply agency engaging CW at the time (about the 2019 incident); stated that “the police investigation” had concluded in no further action; it asked the supply agency to undertake an internal investigation into the matter and report back (with the outcome) to the LADO
text messages about the 2019 incident
text messages about the November 2019 incident
Information provided by West Midlands police to DBS that appeared on CW’s disclosure certificate on 26 January 2022; as regards the 2019 incident; states that on 19 March 2019, a referral was received from the LADO about this incident; it says that no further action was taken in relation to the police investigation as the parents did not wish to make a formal complaint; that the internal investigation by the supply agency concluded with CW being permitted to continue work for the agency whilst being placed on a “level 2 watchlist”
CW’s response to DBS’s “minded to bar” letter, dated 10 May 2022
DBS’s “Barring decision summary” document.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Respondent made on 25 May 2022 (reference DBS6191 00956179999) to include CW in the children’s barred list is confirmed
- This appeal
- Jurisdiction of the Upper Tribunal
- Documentary evidence before the Upper Tribunal
- Procedural issue: application to admit witness statement from CW
- CW’s arguments on the appeal
- DBS’s arguments
- Discussion
- Our decision on the substantive appeal
- Conclusions
![[2024] UKUT 19 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)