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Conclusions
Conclusion and Disposal
For the reasons set out above, the Appellant’s appeal should be dismissed.
We conclude for the purposes of section 4(5) of the Act that there were no material mistakes of fact nor mistakes of law in the ultimate DBS decision to include the Appellant on the CBL and ABL.
The decisions of the DBS to include the Appellant on the CBL and ABL are confirmed.
Authorised for release:
Judge Rupert Jones
Judge of the Upper Tribunal Dated: 5 August 2024
- 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