[2024] UKUT 286 (AAC)

For the reasons set out above, the Appellant’s appeal should be allowed.

We conclude for the purposes of section 4(6)(b) of the Act that there were material mistakes of fact in the first finding of relevant conduct and a mistake of law in relation to the second finding or relevant conduct upon which the ultimate decision to include the Appellant on the ABL was based.

We therefore remit the decision of the DBS to include the Appellant on ABL for it to make a new decision in light of our findings of fact for the purposes of section 4(7)(a) of the Act. We also direct for the purposes of section 4(7)(b) that she remains on the list pending the DBS making its new decision.