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Heading
IN THE UPPER TRIBUNAL Appeal No.UA-2023-001326-V
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 286 (AAC)
ON APPEAL FROM:
Appellant: JLA
Respondent: Disclosure and Barring Service
Between:
JLA
Appellant
- v –
DISCLOSURE AND BARRING SERVICE
Respondent
Before: Upper Tribunal Judge Rupert Jones
Tribunal Member John Hutchinson
Tribunal Member Josephine Heggie
Hearing date: 22 July 2024
Decision date: 12 September 2024
Representation:
Appellant: Appeared in person
Respondent: Remi Reichhold, Counsel instructed by DLA Piper on behalf of the DBS
DECISION
- 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