The Appellant’s oral evidence
The Appellant’s oral evidence
The Appellant gave evidence in chief in response to questions from the Tribunal and was cross examined by Mr Reichhold in relation to all of her evidence. He suggested that both of the findings of relevant conduct did not contain mistakes of fact and there was no mistake of fact in any of the matter relied upon in the DBS barring decision. He put the relevant pieces of documentary evidence to the Appellant and suggested her account was neither reliable nor truthful. The Appellant denied the allegations of relevant conduct in material respects - to the extent that they were based on all material facts found in the Final Decision Letter.
Again, we make findings of fact in relation to this evidence and give our reasons in the discussion section below. In summary, we have come to the conclusion and find that the Appellant’s oral evidence was substantially reliable and credible for the reasons we give within the discussion section below.
- 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
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