A summary of the Upper Tribunal’s decision
A summary of the Upper Tribunal’s decision
We conclude that the Disclosure and Barring Service’s (i.e. the Respondent’s) decision does not involve any material mistake of fact or error of law, which are the only bases on which we can interfere with that decision. Accordingly, we have no option but to confirm the Respondent’s decision to include the Appellant on the Children’s Barred List and the Adults’ Barred List.
We appreciate this decision will be a considerable disappointment to the Appellant. We wish to record at the outset that we were impressed by the way the Appellant has conducted his appeal. However, the right of appeal in safeguarding cases is limited in the way summarised in the previous paragraph. In particular, the decision as to whether it is “appropriate” to bar a person carries no right of appeal to the Upper Tribunal.
- Heading
- A summary of the Upper Tribunal’s decision
- Introductory matters
- The rule 14 Order on this appeal
- A very brief summary of the background to this appeal
- Permission to Appeal
- The evidence and the late evidence
- The statutory framework
- The basis for a “relevant conduct” barring decision
- Rights of appeal
- The Case Law
- The DBS referrals, the investigation and the decision to bar
- The ABE interview
- The Appellant’s oral evidence
- Submissions
- Conclusions on grounds of appeal
- Conclusions
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