The Upper Tribunal hearing
The Upper Tribunal hearing
Following the grant of permission, directions were given for a response by DBS, the filing of evidence by the parties and the listing of this in-person hearing. At this hearing, we have before us a joint bundle of documents, and a bundle of authorities and supplementary authorities from DBS.
The appellant had not apparently read or understood the directions given by the Tribunal in advance of the hearing and had not brought a copy of the hearing bundle with her. This had been sent to her by DBS only in electronic form and she had not been able to access it. We arranged for a printed copy of the bundle to be provided to the appellant for use at the hearing and adjourned the hearing for approximately an hour for this to be achieved and for the appellant to have an opportunity to see the contents of the bundle. We were satisfied that it was fair to proceed despite the difficulty with the bundle as all the documents in the bundle had been seen by the appellant before and she had brought many (but by no means all) of the key documents with her in ‘loose’ form. She was content to proceed on that basis, and so was Mr Serr.
- 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
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