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Heading
WW v Disclosure & Barring Service
[2023] UKUT 241 (AAC)
IN THE UPPER TRIBUNAL Appeal No.UA-2021-001737-V
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the Disclosure and Barring Service
Between:
W.W.
Appellant
- v –
The Disclosure and Barring Service
Respondent
Before: Upper Tribunal Judge Nicholas Wikeley
Upper Tribunal Member Roger Graham
Upper Tribunal Member Rachael Smith
Hearing date: 8 September 2023
Decision date: 25 September 2023
Representation:
Appellant: Mr Edward Harrison of Counsel, instructed pro bono by Advocate
Respondent: Ms Fiona Scolding KC, instructed by DLA Piper UK LLP
DECISION
- 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