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Proportionality
Proportionality
Since we are remitting (see below), we do not address proportionality. If the DBS’s new decision is to reinclude the appellant in the children’s barred list (having meanwhile removed her pursuant to section 4(7)(b)), the DBS will explain in that decision why that new decision is proportionate. The appellant will be entitled to seek permission to appeal against that new decision.
- 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