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Conclusions
Conclusion
The decision involved no mistake either in a factual finding on which it was based, or on a point of law. The decision is therefore confirmed.
Zachary Citron
Judge of the Upper Tribunal
Matthew Turner
Suzanna Jacoby
Members of the Upper Tribunal
Approved for release on 31 May 2024
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Respondent made on 23 March 2023 (reference DBS6191 00986829326 ) to include DJB in the children’s and adults’ barred l
- The decision
- Jurisdiction of the Upper Tribunal
- Grant of permission to appeal
- Documentary evidence before the Upper Tribunal
- The Upper Tribunal hearing
- The background facts
- Summary of DJB’s main arguments and evidence on contested matters
- Knowledge of B’s cautions for sexual offences and efforts to get B “checked”
- B’s overnight stays at DJB’s home and arrangements for parking his vehicles
- Discussion: did DBS make mistakes of fact or law in the decision?
- Core finding 2 (the DJB did not disclose B’s two convictions for sexual offences)
- Core finding 3 (the DJB was deceptive re: B by breaching statement of expectations re: spending the night at DJB’s home, being present when C there, length of relationship, and how long DJB knew about
- Core finding 1 (the DJB did not sufficiently safeguard C by adhering to expectations re: B, which caused end of placement and distress to C)
- DBS’s other factual findings
- Mistake on a point of law?
- Conclusions