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A summary of the Upper Tribunal’s decision and what happens next
A summary of the Upper Tribunal’s decision and what happens next
Our decision is that the Disclosure and Barring Service made a material error of law in deciding to include the Appellant on the Children’s Barred List. That error of law was the failure to escalate the case for decision by the DBS Head of Service, in contravention of the DBS’s own guidance. Accordingly, we set the DBS decision aside. We remit the matter to be re-decided by the DBS. In the meantime, Mr W should remain on the Children’s Barred List (which, for convenience, we refer to in this decision as ‘the CBL’).
- Heading
- The decision of the Upper Tribunal is to allow the appeal by the Appellant
- This decision and the Orders that follow are given under section 4(5) of the Safeguarding Vulnerable Groups Act 2006 and rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698)
- Pursuant to rule 14(1)(a) the Upper Tribunal orders that no documents or information should be disclosed in relation to these proceedings that would tend to identify any person who has been involved i
- The outcome of this appeal to the Upper Tribunal in a sentence
- A summary of the Upper Tribunal’s decision and what happens next
- The background
- The oral hearing of the Upper Tribunal appeal
- The Orders made on this appeal
- The statutory framework
- The DBS decision to bar the Appellant under the SVGA 2006
- The application for permission to appeal to the Upper Tribunal
- The grounds of appeal before the Upper Tribunal
- Ground 1: the failure to escalate to the DBS Head of Service
- Ground 2: the DBS erred in law in concluding that any risk of harm was transferable from adults to children
- Ground 3: the Appellant’s inclusion on the CBL was disproportionate
- Ground 4: the Respondent’s reliance on the fact that the Appellant was intoxicated when committing the offences
- Disposal
- Conclusions