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Conclusions
Conclusion
The Appellant’s appeal is allowed. The DBS made material mistakes in the findings of fact on which its decision was based. Pursuant to section 4(6)(a) of the SVGA, the Upper Tribunal directs the DBS to remove the Appellant’s name from the adults’ barred list.
Nicholas Wikeley
Judge of the Upper Tribunal
Christopher Akinleye
Specialist Member of the Upper Tribunal
Roger Graham
Specialist Member of the Upper Tribunal
Authorised by the Judge for issue on 11 February 2025
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The First-tier Tribunal made mistakes in the findings of fact on which its decision was based. Pursuant to Section 4(6)(a) of the Safeguardin
- Introduction
- The two Upper Tribunal oral hearings
- The statutory framework
- The case law authorities
- The people involved in this case
- The factual background
- The DBS decision under appeal
- The Appellant’s grounds of appeal
- The contemporaneous documentary evidence in this case
- The oral evidence in this case
- The Appellant’s oral evidence
- Mr O’s oral evidence
- The Upper Tribunal’s findings of fact
- Conclusions