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Jurisdiction of the Upper Tribunal
Jurisdiction of the Upper Tribunal
Section 4(2) of the Act confers a right of appeal to the Upper Tribunal against a decision by DBS under paragraphs 3 and 9 of Schedule 3 to the Act (amongst other provisions) only on grounds that DBS has made a mistake
on any point of law; or
in any finding of fact on which the decision was based.
The Act says that “the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact” (section 4(3)).
- Heading
- 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