[2024] UKUT 442 (AAC)

We have come to the conclusion that some of the grounds of appeal have no merit and have dismissed them. However, we have also identified some mistakes of fact for the reasons set out above.

That being so, we thought about whether the mistakes of fact we have identified are such that they completely undermine the decision so that no other outcome but removal from the lists is permissible following our decision. We do not reach that conclusion. Whilst these mistakes of fact have been found as they are material to the ultimate decision, we have come to the conclusion that we will remit this matter to the DBS to make a fresh decision but direct that SS’s name be retained on both the Adults’ and Children’s Barred Lists whilst that decision is taken.