Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 247 (AAC)

Fecha: 12-Ago-2024

Heading

IN THE UPPER TRIBUNAL

ADMINISTRATIVE APPEALS CHAMBER

Appeal No. UA-2020-000391-V

[2024] UKUT 247 (AAC)

On appeal from a decision of the Disclosure and Barring Service

Between:

Appellant

and

The Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge Brunner KC, John Hutchinson and Suzanna Jacoby

Decided on 12 August 2024 following a hearing on the papers on 19 July 2024

ANONYMITY ORDER

Pursuant to rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, I prohibit the disclosure or publication of—

(a) the appellant’s name

(b) any matter likely to lead members of the public to identify that name.

Any breach of the order at paragraph 4 above is liable to be treated as a contempt of court and punished accordingly (see section 25 of the Tribunals, Courts and Enforcement Act 2007).

DECISION

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