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Appellant’s Grounds of Appeal
Appellant’s Grounds of Appeal
In her Grounds of Appeal (the “Reasons for Appealing” section) enclosed with her notice of appeal, the Appellant submitted that the barring decision was based on material mistakes of fact or mistakes of law (the decision was irrational and/or disproportionate which amounts to an error of law). She stated:
‘I would like to appeal the decision made to include my name on the safeguarding vulnerable groups children’s and adults’ barred lists as the allegations were unsupported and there was no evidence of any proof of wrongdoing. In light of the recent report it has been evidenced that X services for children are under investigation for their treatment towards staff and the way the company was run.
I have worked in the care industry since I was a school leaver for 25 years. I have never had any allegations made against me, in fact all of my references I have ever received have been outstanding.
I believe the decision to bar me is unfair, unsupported and has ruined my career which I thoroughly enjoy, thrive in and have worked hard to achieve to get where I am.
Please find some of the most recent references to support my appeal.’
The Appellant provided character and professional references in support of her appeal.
On 9 January 2024 the Appellant was granted permission to appeal in respect of her grounds of appeal. The Upper Tribunal refined the grounds in relation to the alleged mistakes of fact when granting permission to appeal following the OPH on 9 January 2024. During the OPH, the Appellant challenged each of the findings of relevant conduct. She submits that each of the two findings was based on a mistake of fact. She relied in part on the representations she made in this regard to the DBS prior to the barring decision – see her letter dated 19 April 22 and enclosures at pages 75-90 of the bundle.
In relation to both findings of relevant conduct - the UT took the view that it was arguable that DBS made a mistake of fact and there was a mistake of law– the DBS made a disproportionate decision to bar.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal of the Appellant
- The Background
- Barring Procedure
- The Respondent’s barring decision dated 29 April 2022
- Appellant’s Grounds of Appeal
- The evidence in the appeal
- The Appellant’s oral evidence
- Cross examination
- Law
- it is satisfied that the person has engaged in relevant conduct, and
- it is satisfied that it is appropriate to include the person in the list
- on any point of law
- If the [ Upper] Tribunal remits a matter to [DBS]6 under subsection (6)(b)–
- a. “on any point of law” (section 4(2)(a) of the Act)
- The parties’ submissions on the grounds of appeal
- Discussion: Findings of Fact and Analysis of grounds of appeal
- Ground 1
- Mistake of fact: second finding of relevant conduct – Finding 2
- Mistake of Law - Proportionality
- are they no more than are necessary to accomplish it?
- Conclusions