[2025] UKUT 225 (AAC)

On 26 January 2024, a Judge of the Upper Tribunal refused AA permission to appeal against the DBS’ decision, on the basis of the written papers.

AA renewed his application for permission to appeal at an oral hearing in Manchester, at the Civil Justice Centre. His appeal grounds included that the DBS had made mistakes of fact in finding the allegations proved, and / or errors of law in relation to how it had investigated those allegations and carried out the decision-making process in reaching the Barring Decision. The appeal grounds also argued that the decision to include AA in the Barred Lists was disproportionate.

Following a hearing on 05 June 2024 at the Manchester Civil Justice Centre, Upper Tribunal Judge Butler granted AA permission to appeal reflecting the written appeal grounds and those argued at the oral hearing.

The directions included for the DBS to obtain complete copies of the documents VC used in its investigation. This was because the documents provided by VC referred to other documents, including notes and at least one body map for JL. The documents DBS obtained in response to the directions are set out at pages 493 to 538 of the DBS bundle. A number of them reflect what had already been provided. The notes and the body map for JL were not with them. On 24 July 2024, VC confirmed to the DBS that it had provided all available information it held about AA’s disciplinary proceedings (page 539 of DBS bundle).