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Heading
IN THE UPPER TRIBUNAL Appeal No.UA-2022-001108-V
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 239 (AAC)
ON APPEAL FROM:
Appellant: GR
Respondent: Disclosure and Barring Service
Between:
GR
Appellant
- v –
DISCLOSURE AND BARRING SERVICE
Respondent
Before: Upper Tribunal Judge Rupert Jones
Tribunal Member Rachael Smith
Tribunal Member Dr Elizabeth Stuart Cole
Hearing date: 10 July 2024
Decision date: 5 August 2024
Representation:
Appellant: Appeared in person
Respondent: Ashley Serr, Counsel instructed on behalf of the DBS
DECISION
- 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