The Upper Tribunal hearing
The Upper Tribunal hearing
DJB attended the hearing, presented both arguments and evidence, and was cross examined on the latter by Ms Hartley, who also made submissions on behalf of DBS.
The hearing had originally been listed to be “face to face” in London; however, it came to light about a week before the hearing date that the Upper Tribunal would be unable, for logistical reasons, to convene a panel to sit in person in London (but could convene a panel to sit “remotely”). The tribunal therefore proposed to the parties that, in order not to “lose” the hearing date, the mode of hearing be changed to CVP video hearing. Neither party objected to this course and so the hearing went ahead in that way. We were satisfied that all participants in the hearing, including the panel, were able to see and hear the proceedings to the standard necessary for a fair hearing.
- 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
![[2024] UKUT 159 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)