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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
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 in the circumstances giving rise to this appeal.
Pursuant to rule 14(1)(b) 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, his former wife or his current wife. The decision itself may be made public, but not the cover sheet, which is not part of the decision and identifies the Appellant by name.
The provisions of the Sexual Offences (Amendment) Act 1992 apply to this case. No matter relating to the complainant (the Appellant’s ex-wife) shall during that person’s lifetime be included in any publication if it is likely to lead members of the public to identify that individual as the victim of a sexual offence. This prohibition applies unless waived or lifted in accordance with s.3 of the 1992 Act.
REASONS FOR DECISION
Introduction
This is the Appellant’s appeal against the Disclosure and Barring Service’s final decision, dated 15 May 2020, to include him on the Children’s Barred List under Schedule 3 to the Safeguarding Vulnerable Groups Act (SVGA) 2006 (‘the 2006 Act’).
- 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