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Heading
IN THE UPPER TRIBUNAL Appeal No.UA-2023-000256-V
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 389 (AAC)
On appeal from Disclosure and Barring Service
Between:
SK
Appellant
- v –
Disclosure and Barring Service
Respondent
Before: Upper Tribunal Judge Meleri Tudur, Specialist Members Suzanna Jacoby and Dr Elizabeth Stuart-Cole
Hearing date: 27 September 2024
Decision date: 28 November 2024
Representation:
Appellant: Represented herself
Respondent: Mr T Wilkinson, counsel represented the Disclosure and Barring Service (“the DBS”).
DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the Disclosure and Barring Service made on the 22 January 2023 (wrongly stated as 2022) was based upon material errors in fin
- The statutory framework
- If the Upper Tribunal remits a matter to DBS under subsection (6)(b)—
- 10(1) For the purposes of paragraph 9 relevant conduct is— conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult
- conduct involving sexual material relating to children (including possession of such material)
- on any point of law
- Evidence
- Conclusions