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Document 10. Notes of interview of DL by the investigating officer
Document 10. Notes of interview of DL by the investigating officer.
These are again very poor records and we make the following observations:
the date of this interview was 30 September, a week after the allegation had been made.
these are cursory and sloppy notes. It is unclear whether they are contemporaneous notes, or whether this document has been compiled from another document.
The document is not accepted by DL to be an accurate record of this conversation (p1679). The document was meant to form the basis for a statement by DL within disciplinary proceedings, and it appears that the process which was anticipated in relation to this document was not completed. In particular it appears that DL was going to be given, or was given an opportunity to make any amendments to the note to correct any inaccuracies and then sign and return the document. There is no signed version of this document, and so it follows that there is no version which was ever approved by DL as being an accurate record of the conversation.
The interview took 15 minutes according to timings on the document, but the short notes plainly do not reflect 15 minutes’ worth of talking. At best these are abbreviated notes of a conversation.
We note that within this account there is a clear denial by DL. She says that she did speak to JG on Monday. She does not know why JG would say anything incorrect about that conversation.
The document records that DL made a comment about buying cardigans from JG, and we note that this section of the document is particularly unclear.
We do not accept this document as being a reliable record of what DL said to the investigator on 30 September.
- Heading
- The appeal is allowed
- Reasons for Decision
- ‘I acknowledge that those advising the appellant wish the Upper Tribunal to consider the issue of whether the respondent’s decision was proportionate
- The legislation
- Mistake of fact
- ‘Drawing the various strands together, we conclude as follows In those narrow but well-established circumstances in which an error of fact may give rise to an error of law, the tribunal has jurisdiction to interfere with a decision of the DBS under s
- In relation to factual mistakes, the tribunal may only interfere with the DBS decision if the decision was based on the mistaken finding of fact. This means that the mistake of fact must be material t
- In determining whether the DBS has made a mistake of fact, the tribunal will consider all the evidence before it and is not confined to the evidence before the decision-maker. The tribunal may hear or
- The tribunal has the power to consider all factual matters other than those relating only to whether or not it is appropriate for an individual to be included in a barred list, which is a matter for t
- The tribunal will not defer to the DBS in factual matters but will give appropriate weight to the DBS’s factual findings in matters that engage its expertise. Matters of specialist judgment relating t
- The starting point for the tribunal’s consideration of factual matters is the DBS decision in the sense that an appellant must demonstrate a mistake of law or fact. However, given that the tribunal ma
- ‘One way, but not the only way, to show a mistake is to call further evidence to show that a different finding should have been made. The mistake does not have to have been one on the evidence before
- ‘On the reasoning in PF, the decision of the DBS was therefore the starting point for the UT’s consideration of the appeal. JHB did not claim that DBS has erred in law. The UT could not exercise any p
- ‘28. I agree with the observation that there is no longer any point of legal principle raised by this appeal which requires determination by the court, but I do not accept that the parties are in agre
- Section 17
- Analysis of Evidence: general
- Document 1 at page 59
- Document 2 p69
- Document 3 p70
- Document 4 p 71
- Document 5 page 29 This is the investigating officer’s report and we make the following observations
- Document 6 p47
- We make the following observations about that material
- Document 7 care records
- We noted the following significant relevant information
- Our conclusions about reliability relating to JG
- Documents gathered in the investigation relating to DL's account Documents 8, material relating to the disciplinary proceedings
- Document 9, p28
- Document 10. Notes of interview of DL by the investigating officer
- DL’s representations to DBS p75
- Document 11, representations from Citizens Advice 25th of February 2021
- Our findings in relation to DL's reliability
- Conclusions