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on any point of law
on any point of law;
in any finding of fact which it has made and on which the decision mentioned in that subsection was based.
For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.”
Section 4(2)(b) refers to a ‘mistake’ in the findings of fact made by the DBS and on which the decision was based. There is no avoiding that condition. The issue at the mistake phase is defined by reference to the existence or otherwise of a mistake.
If the Upper Tribunal cannot identify a mistake, section 4(5) provides that it must confirm the DBS’s decision. That decision stands unless and until the tribunal has decided that there has been a mistake.”
- 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