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REASONS FOR DECISION Introduction
REASONS FOR DECISION
Introduction
The appellant appeals to the Upper Tribunal against the DBS’s decision communicated in a letter dated 6 April 2022 to include her in the children’s barred list (pages 76 and 145). Permission to appeal was given by Upper Tribunal Judge Hemingway, on 1 August 2023 (page 186).
- 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