[2025] UKUT 069 (AAC)

Between:

DGW

Appellant

- v -

Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge Citron, Mr Hutchinson and Ms Jacoby

Hearing mode: Cloud video platform

Representation:

Appellant: by himself

Respondent: by Toby Fisher of counsel, instructed by DBS Legal Advisor

The Upper Tribunal has ordered that the disclosure or publication of any matter likely to lead members of the public to identify DGW or GG is prohibited.

SUMMARY OF DECISION

SAFEGUARDING VULNERABLE GROUPS (65.1)

Appellant included in children’s barred list in 2024, based on factual findings about events that occurred 23 years earlier, in 2001, between the appellant (then aged 26) and a 14 year old girl in social services residential care home – appellant had been convicted in 2002 of ‘abducting an unmarried girl under 16’ – permission to appeal granted on limited grounds – Upper Tribunal found no mistake of fact in DBS’s findings that appellant had sexual relationship with the 14 year old girl and that he bought her alcohol and cannabis – Upper Tribunal also found no mistake in DBS’s finding that appellant held, at the time of its decision, a belief that children under 16 could consent to sex, and an attitude that he could do what he wanted irrespective of the safety or concern of others – DBS had not taken into account the course of the appellant’s life since 2001 – that was not a mistake on a point of law (as DBS had no information on that at the time of its decision) – nor was it a mistake of fact, as DBS’s decision had been made on the basis of the appellant’s belief and attitude (as above), and the Upper Tribunal had found no mistake in these – nor was the decision disproportionate – appeal dismissed.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the Upper Tribunal follow.

DECISION