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Grounds of appeal
Grounds of appeal
So, there were three grounds on which permission to appeal was granted—
arguable mistake of fact as to the appellant having assaulted the child;
arguable mistake of fact as to the related finding that she threatened to hit him again by indicating that, if he were to hit her, she would hit him back; and
in any event, proportionality.
On 28 February 2024, we heard the appeal, in person in Birmingham. The appellant was unrepresented. The DBS was represented by Mr Ashley Serr of counsel. We thank the appellant and Mr Serr for their contributions.
The evidence
We turn next to describe what evidence was before the tribunal and what evidence was missing.
- Heading
- REASONS FOR DECISION Introduction
- Factual and procedural background
- Conduct
- Barring process
- Final Decision letter
- Permission to appeal application
- Grounds of appeal
- The appellant’s own contemporaneous account was missing
- Documentary evidence
- Oral evidence
- Submissions
- C: Law
- Case law
- D. Analysis Preliminary analysis: the written evidence
- Mistake of fact in finding that the appellant assaulted the child
- (We return later in this decision to what we make of this part of the Serious Incident Report.)
- Tribunal’s finding of fact: the appellant’s arm or arms did connect with L’s chest and shoulders
- Whether mistake of fact in finding the appellant to have said “ if he hits me I’ll hit him back I’m not scared of him ”
- Proportionality
- Disposal
- Conclusions