[2024] UKUT 441 (AAC)

Permission was granted by Judge Johnston on the papers on 16 February 2024. Her decision was made on the basis that there is a realistic prospect of success that the DBS made a mistake of fact in finding that the allegations against the first victim were made out on the balance of probabilities. The appellant has always denied the allegations, was found not guilty as the complainant withdrew support for the prosecution and as a consequence the appellant was unable to present evidence or witnesses in front of a court.

The second allegation if it is the only one relied on may make a decision to bar disproportionate.