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The Barring Process
The Barring Process
On 19 November 2022, DBS sent the Appellant an “early warning” letter [29]-[31]. The Appellant wrote to DBS on 20 January 2023, stating that “I have just received a clear DBS for a job I applied for last” and asked about “time scales” of DBS’s enquiries [33].
On 20 March 2023, DBS sent the Appellant a “Minded to bar” letter [34] with attachments [40]. The Appellant did not make any representations to DBS.
The Respondent’s barring decision dated 6 June 2023
The Final Decision Letter from the Respondent dated 6 June 2023 notified the Appellant that it was including her on the Adults’ Barred List.
- 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