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Acted on Advice Challenge
Acted on Advice Challenge
Mr Reichold contended that this appears to be a wholly new argument, raised for the first time in the Grounds, and, in effect, amounts to a significant change of position. Again, he submitted that it is highly improbable. He argued that if true, the Appellant would have raised it at the time, in one or both of her interviews with the Employer, or during the disciplinary process (or on appeal), or in representations to DBS. It is inconsistent with other more contemporaneous evidence.
For these reasons, he submitted that DBS made no material mistake of fact.
- Heading
- The decision of the Upper Tribunal is to allow the appeal of the Appellant
- Rule 14 Anonymity Orders and directions
- The Background
- The Barring Process
- Findings of Relevant Conduct
- The Final Decision Letter
- Appellant’s Grounds of Appeal
- The evidence in the appeal
- The Appellant’s oral evidence
- 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] under subsection (6)(b)–
- a. “on any point of law” (section 4(2)(a) of the Act)
- remit the matter to DBS for a new decision
- DBS’s submissions
- No material mistake of fact
- Insufficient Interest Challenge
- Acted on Advice Challenge
- Lack of Training Challenge
- Lack of Time Challenge
- Other matters
- No mistake of law
- 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