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If the Upper Tribunal remits a matter to DBS under subsection (6)(b)—
If the Upper Tribunal remits a matter to DBS under subsection (6)(b)—
the Upper Tribunal may set out any findings of fact which it has made (on which DBS must base its new decision); and
the person must be removed from the list until DBS makes its new decision, unless the Upper Tribunal directs otherwise.
‘Relevant conduct’ is defined under paragraph 10 of Schedule 3 to the Act which states:
- 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