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The decision of the Upper Tribunal is that the decision of DBS including the appellant on a barred list involved mistakes in material findings of fact
The decision of the Upper Tribunal is that the decision of DBS including the appellant on a barred list involved mistakes in material findings of fact.
DIRECTIONS
The Tribunal directs that this decision stands as a decision on a preliminary issue.
DBS must file submissions in relation to proportionality and disposal within 28 days of this decision being issued to the parties. In those submissions DBS must also state whether it wishes a further hearing to be listed to determine the proportionality ground of appeal or whether it is content for that to be decided by the Tribunal on the papers on the basis of written submissions.
The Appellant must file submissions in response to DBS within 14 days of receiving DBS’s submissions. In those submissions, the Appellant must also state whether she wishes a further hearing to be listed to determine the proportionality ground of appeal or whether she is content for that to be decided by the Tribunal on the basis of written submissions.
Time for appealing this decision on a preliminary issue is extended so as to run from the date that any final decision in the case is issued to the parties.
The case will be then referred back to Judge Stout for further directions as to case management.
- Heading
- The decision of the Upper Tribunal is that the decision of DBS including the appellant on a barred list involved mistakes in material findings of fact
- REASONS FOR DECISION
- The structure of this decision is as follows
- The Upper Tribunal hearing
- Rule 14 Order
- Legal framework
- The Upper Tribunal’s jurisdiction on appeal
- DBS’s decision in this case
- Our approach to the evidence
- The facts
- The parties’ closing submissions
- Our analysis and conclusions
- Next steps