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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 paragraph 3 of Schedule 3 (amongst other provisions) only on grounds that DBS has made a mistake
on any point of law;
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)).
Permission to appeal was given by the Upper Tribunal (Judge Citron) in a decision issued on 30 October 2023 on the grounds that DBS made mistakes
in findings of fact about the incident on 12 October 2020, in the sense that it failed, or omitted, to make relevant and accurate findings as to
JI’s motivations and intentions in taking the actions she took in the course of that incident,
the school’s policies (formal and informal) as to putting children like PK in high chairs, and
the precise words (and the tone and context of those words) used when JI said something to PK about the weather; and
on a point of law, in the sense that the decision was disproportionate, when considered in the context of all relevant and accurate facts.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Respondent made on 4 October 2021 (DBS ID P0000379JHA ; reference DBS6191 00942362777 ) to include JI in the children’s
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- Documentary evidence before the Upper Tribunal
- JI’s evidence
- JI’s arguments on the appeal
- DBS’s decision re: “poor problem solving/coping skills”
- Discussion of the permitted grounds of appeal
- The second permitted ground
- Conclusions