[2024] UKUT 441 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 441 (AAC)

Fecha: 30-Oct-2024

Heading

Appeal No. UA-2023-000471-V

[2024] UKUT 441 (AAC)
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER

On appeal from the Disclosure and Barring Service

Between:

HLF

Appellant

- v -

The Disclosure and Barring Service

Respondent

Before: Judge Sarah Johnston, Sitting as a Judge of the Upper Tribunal, Josephine Heggie and Elizabeth Stuart-Cole

Hearing date: 30 October 2024

Decision date: 23 December 2024

Representation:

Appellant: Mr Matthew Stanbury Instructed by Thomas Woodward

Respondent: Mr Ashley Serr instructed by Farah Sheraz

ANONYMITY ORDER

On the 09 October 2023, the Upper Tribunal made the following order, which remains in force—

“3. Having considered the provisions of Rule 14(1)(a) and (b) of the 2008 Rules and the reasons given by the Respondent in the 20 September 2024 letter, I order prohibiting publication of any matter or disclosure of any documents likely to lead members of the public directly or indirectly to identify the following persons:

a. [C] - a mutual friend of the twelve-year-old female victim and the Appellant, who introduced the victim and the Appellant and is likely to be a child;

b. [K] - a family friend of the twelve-year old female victim, who is mentioned in connection with the relevant events and may be a child;

c. [KP];

d. [M] - a friend of the twelve-year-old female victim;

e. [JF]

f. [“C"], who is mentioned by the Appellant in connection with the relevant events and is likely to be a child;

g. [SWFCCP]

h. [SCSBC]

i. [CE]

j. [PC] Park

4. On 24 January 2025 the Upper Tribunal made a subsequent order prohibiting the disclosure of the name of the school in the published decision. This order remains in force.

5. Having considered the provisions of Rule 14(1)(b) of the 2008 Rules and the provisions of Sections 1 and 2 of the Sexual Offences Amendment Act 1992 (“SOAA 1992”), I order prohibiting publication of any information that is likely to lead to members of the public to identifying the twelve-year-old female victim referred to as “V” as someone against whom an offence of rape is alleged to have been committed.

Breach

Any breach of the order at paragraphs 3 and 4 above is liable to be treated as a contempt of court and punished accordingly (section 25 of the Tribunals, Courts and Enforcement Act 2007)”

Where there are initials in square brackets in that order, the names were given in the order. But those are not reproduced here since this decision will be published.

SUMMARY OF DECISION

Safeguarding Vulnerable Groups: Findings of fact (65.1 65.9)

The decision of the Tribunal was that there was a mistake of fact in the DBS decision in finding that an allegation against the appellant was proved. The appeal was allowed, and the Tribunal directed the appellant be removed from the Children’s Barred List.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION