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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 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