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IN THE UPPER TRIBUNAL Appeal No.UA-2023-000901-V
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 159 (AAC)
The Upper Tribunal has made an order prohibiting the disclosure of any matter that is likely to lead to the public identification of DJB, her foster child at the relevant time, or five other individuals specified in the order (page 168 of the Upper Tribunal bundle)
Between:
DJB
Appellant
- v –
Disclosure and Barring Service
Respondent
Before: Upper Tribunal Judge Citron, Mr Turner and Ms Jacoby
Decided following an oral hearing on the CVP video hearing platform on 27 March 2024
Representation:
Appellant: by herself
Respondent: by Bronia Hartley of counsel, instructed by DLA Piper
DECISION
- 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