[2024] UKUT 391 (AAC)

The DBS relied on written evidence from witnesses and notes or reports of meetings contained in the bundle of evidence it filed and served which contained 322 pages. It included all the material relied upon by the DBS in making the barring decision, as summarised above, and in defending the appeal as well as the material provided by the Appellant.

The evidence relied on by the DBS included that from Social Workers, Children’s Services, LADO meeting notes and reports of what DM himself had said and correspondence. As we note below, none of the witnesses on behalf of the DBS made formal witness statements containing statements of truth, nor gave oral evidence nor were cross examined. Their evidence was contained by way of written reports from LADO meeting, notes or correspondence and therefore untested hearsay. This is a matter to take into account when considering its reliability and the weight it is to be given.

The Appellant relied upon his sets of written submissions and representations sent to the DBS and witness statements and oral evidence given to the Tribunal by him and his witnesses.

It goes without saying that all subsequent written and oral evidence of the Appellant was not available to the DBS when making its barring decision.

The relevant evidence [page numbers in square brackets] is referred to in the discussion section below. Therein, we make findings of fact and draw conclusions based upon it.