[2024] UKUT 332 (AAC)

The material errors of law that we have identified make it appropriate to allow the appeal.

Had we decided that the DBS had based the Barring Decision on material mistakes of fact and that, had those mistakes not been made it would have been bound to remove AA’s name from the Children’s Barred List we would have directed his removal from the list. However, since we are not so persuaded, it is appropriate to remit the matter back to the DBS to make a fresh decision. The DBS will not be bound by any of the previous decision maker’s findings.

We direct that AA’s name shall not be removed from the Children’s Barred List pending the remaking of the Barring Decision.