[2024] UKUT 391 (AAC)

For the reasons set out above, the Appellant’s appeal should be allowed.

We conclude for the purposes of section 4(6)(b) of the Act that there were material mistakes of fact in the first, second (in part), third and fifth findings of relevant conduct upon which the ultimate decision to include the Appellant on the CBL was based. The Respondent made mistakes of fact when making its five findings of relevant conduct. On a careful analysis of the evidence now presented, the Respondent should not have made the erroneous factual findings.

The Appellant has been barred from participating in regulated activity with children for two and half years already and the DBS is invited to conduct a fresh reconsideration speedily. However, in all the circumstances, the Upper Tribunal is not prepared to direct that the Appellant's name be removed from the barred list in the interim. We therefore remit the decision of the DBS to include the Appellant on CBL for it to make a new decision in light of our findings of fact for the purposes of section 4(7)(a) of the Act. We also direct for the purposes of section 4(7)(b) that he remains on the list pending the DBS making its new decision.