Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 330 (AAC)

Fecha: 15-Oct-2024

Upper Tribunal Powers on Appeal

Upper Tribunal Powers on Appeal

17.

Section 4(2) of the Safeguarding Vulnerable Groups Act 2006 set out the limited bases for an appeal to the Upper Tribunal against a barring decision:

(2)

An appeal under subsection (1) may be made only on the grounds that DBS has made a mistake—

(a)

on any point of law;

(b)

in any finding of fact which it has made and on which the decision mentioned in that subsection was based.

(3)

For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

18.

Thus a person included in either barred list may appeal to the Upper Tribunal on the grounds that the DBS has made a mistake of law or a mistake of fact on which the decision was based. Any mistake of fact or law, must be material to the ultimate decision i.e. it may have changed the outcome of the decision.

19.

The appropriateness of a person’s inclusion on either barred list is not within the Upper Tribunal’s jurisdiction on an appeal. The Upper Tribunal does, however, have jurisdiction to determine whether DBS’s decision to bar is irrational or disproportionate, because that would be an error of law.