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Jurisdiction of the Upper Tribunal
Jurisdiction of the Upper Tribunal
Section 4(2) of the Act confers a right of appeal to the Upper Tribunal against a decision by DBS under paragraph 3 of Schedule 3 (amongst other provisions) only on grounds that DBS has made a mistake
on any point of law;
in any finding of fact on which the decision was based.
The Act says that “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(3)).
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Respondent made on 12 December 2022 (DBS reference DBS6191 00981269523 ) to include KH in the adults’ barred list is co
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- KH’s reasons for appealing and the grant of permission to appeal
- Documentary evidence in the Upper Tribunal bundle
- The Upper Tribunal hearing
- Did DBS make a mistake in a finding of fact on which its decision was based?
- Mistake on point of law?
- Conclusions