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on any point of law
on any point of law;
in any finding of fact which it has made and on which the decision mentioned in that subsection was based.
For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
An appeal under subsection (1) may be made only with the permission of the [ Upper] Tribunal.
Unless the [ Upper] Tribunal finds that [DBS] has made a mistake of law or fact, it must confirm the decision of [DBS].
If the [ Upper] Tribunal finds that [DBS] has made such a mistake it must–
direct [DBS] to remove the person from the list, or
remit the matter to [DBS] for a new 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