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Mistake on a point of law?
Mistake on a point of law?
We find no mistake on a point of law in the decision. In particular, given DBS’s core findings, which included a failure to disclose cautions for sexual offences in respect of someone being given access to a home with a foster child – clearly, a serious matter from a safeguarding point of view – we do not consider it disproportionate, in law, to have included DJB in the barred lists:
- 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