The Orders made on this appeal
The Orders made on this appeal
We refer to the Appellant in this decision as Mr W even though this is not the true initial for his surname. By the same token this decision, if cited, should be referred to as WW v Disclosure and Barring Service. We do so, and make the Orders included at the head of this decision, for two reasons. First, the provisions of the Sexual Offences (Amendment) Act 1992, notably section 1, apply to this case. As a result, no matter relating to the complainant (Mr W’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. Second, we are satisfied that neither the Appellant nor his (current) wife or child should be identified in this decision, whether directly by name or indirectly. Having regard to the interests of justice, we are accordingly satisfied that it is proportionate to make the rule 14 Orders. To avoid the possibility of ‘jigsaw identification’, we omit from our discussion all bar the essential facts of the case. We have therefore deliberately redacted some potentially identifying details that appear in the original source documents from which we cite.
- 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
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