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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 (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 dismiss the appeal. The decision of the Respondent made on 21 December 2021 (reference DBS6191 009472553290 ) to include TJO in the adults’ barred list is conf
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- Grant of permission to appeal
- Documentary evidence before the Upper Tribunal
- Review of key evidence
- TJO’s email to W of Monday 18 January at 11.29 am
- TJO’s evidence
- Discussion: did DBS make mistakes in its core factual finding?
- Conclusions