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Conclusions
Disposal
Having decided that the overall DBS decision does not involve any material mistake of fact or error of law, there can only be one outcome to this appeal. This is because section 4(5) of the 2006 Act states as follows:
Unless the Upper Tribunal finds that has made a mistake of law or fact, it must confirm the decision of DBS.
That being so, we must by law confirm the DBS’s decision.
HHJ Simon Oliver sitting as a judge of the Upper Tribunal
Upper Tribunal Member Ms Rachael Smith
Upper Tribunal Member Mr Matthew Turner
Authorised for issue on 19 December 2024
- 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