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IN THE UPPER TRIBUNAL Case No. UA-2022-001773-V
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 258 (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 AW or six other named individuals.
Between:
AW
Appellant
- v –
Disclosure and Barring Service
Respondent
Before: Upper Tribunal Judge Citron, Ms Smith and Mr Turner
Decided following an oral hearing at Field House, Breams Buildings, London EC4 on 24 June 2024
Representation:
Appellant: by Ms Laura Bayley of counsel, instructed by Ms Rebecca Austin, legal officer, Royal College of Nursing
Respondent: by Mr Tim Wilkinson of counsel, instructed by DLA Piper
DECISION
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- The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made mistakes in findings of fact it made and on which its decision of 22 August 2022 (reference DBS6191 00960513296 ) to incl
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- The grant of permission to appeal
- Documentary evidence in the bundle
- Background facts
- Review of the key evidence
- TH
- JB
- Night of 16-17 March 2021: general
- Night of 16-17 March 2021: JB
- Night of 16-17 March 2021: TH
- Aspects of AW’s evidence emphasised in cross examination
- Other evidence
- Documents recording PK’s views shortly after the night of 16-17 March 2021
- Documents recording IG’s and ER’s views shortly after the night of 16-17 March 2021
- Documents recording GB’s views shortly after the night of 16-17 March 2021
- The “significant discussion” with AW and employer on 8 December 2020 - the record keeping issue
- Points emphasised by DBS’s counsel on the evidence
- Our factual findings
- TH
- Our conclusions as to mistakes of fact in DBS’s decision
- Conclusions
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