[2024] UKUT 052 (AAC)

The Appellant’s case was first listed for an oral hearing on 30 April 2024 before Judge Wikeley, Mr Graham and Dr Stuart-Cole. That hearing was adjourned after oral submissions by both counsel (Ms L. Herbert for the Appellant and Mr S. Lewis for the Respondent) and without any evidence having been heard. The panel was concerned, in particular, that there might be information or evidence in the DBS file relating to the Appellant’s co-worker Mrs A, who had been involved in the same incident, that should properly have been the subject of disclosure in the present appeal proceedings. The DBS subsequently disclosed certain documentation from Mrs A’s case file that related to the same incident.

We then held an all-day oral hearing of the appeal on 7 January 2025. In the event Dr Stuart-Cole was unavailable on this occasion, so the case was heard entirely afresh (and, as noted, no evidence had been heard on the first occasion) by Judge Wikeley, Mr Graham and Mr Akinleye. We heard oral evidence for over two hours from the Appellant who was represented by Ms L Herbert of Counsel. We also heard extensive live evidence from the Appellant’s shift leader on the night in question, Mr O. The DBS was represented by Mr A Serr of Counsel, instructed by DLA Piper UK LLP. We are indebted to both counsel for their skeleton arguments and oral submissions. We summarise first the legislative framework and the relevant case law authorities on the role of the Upper Tribunal in hearing such appeals.