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IN THE UPPER TRIBUNAL Appeal No.UA-2023-000295-V
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 250 (AAC)
The Upper Tribunal has ordered that there is to be no disclosure or publication of any matter likely to lead members of the public to identify JW or the service user concerned (Miss X)
Between:
JW
Appellant
- v –
Disclosure and Barring Service
Respondent
Before: Upper Tribunal Judge Citron, Ms Jacoby and Mr Graham
Decided following an oral hearing at Field House, Breams Buildings, London EC4 on 22 May 2024
Representation:
Appellant: by Ms Wafa Shah of counsel, instructed by Duncan Lewis Solicitors
Respondent: by Mr Tom Tabori of counsel, instructed by DBS Legal
DECISION
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- The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made a mistake on a point of law or in a finding of fact it made and on which its decision of 12 December 2022 (reference DBS6
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- The grant of permission to appeal
- The evidence before the Upper Tribunal
- Background facts
- Review of JW’s evidence on disputed matters
- JW’s role at the home
- The requirements for Miss X’s personal care
- Miss X’s occasional “behaviour”
- The incidents where JW held the door to Miss X’s room closed
- Our analysis of mistake of fact and/or law in DBS’s decision
- Was important and relevant context omitted?
- Does this omission in DBS’s decision amount to a mistake of law or fact?
- The grounds enumerated in JW’s “perfected ground of appeal”
- Conclusions