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If the [ Upper] Tribunal remits a matter to [DBS] under subsection (6)(b)–
If the [ Upper] Tribunal remits a matter to [DBS] under subsection (6)(b)–
the [ Upper] Tribunal may set out any findings of fact which it has made (on which [DBS] must base its new decision); and
the person must be removed from the list until [DBS] makes its new decision, unless the [ Upper] Tribunal directs otherwise.
As underlined above, an Appellant may appeal against the barring on the ground that the DBS has made a mistake:
- 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