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Mistake of fact argument: Allegation 1
Mistake of fact argument: Allegation 1
We discussed with the parties at the hearing the fact that allegation 1 contains two components: (i) whether AA failed to seek medical assistance for a change in the behaviour of JL and (ii) whether AA delayed in uploading documentation to CMS until 29 September 2021 (which delayed the diagnosis and treatment of JL’s thrush).
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal and REMIT the matter to the Disclosure and Barring Service for a new decision
- A summary of the factual background
- The Barring Decision
- Appeal grounds
- The Upper Tribunal substantive oral hearing
- The legal framework for Barring Decisions
- AA’s oral evidence
- Assessing the Appellant’s oral evidence
- Mistake of fact argument: Allegation 1
- Did AA fail to seek medical assistance for a change in the behaviour of JL between 11 September 2021 and 04 October 2021?
- Did AA fail to upload documentation onto CMS before 29 September 2021, delaying the diagnosis and treatment of JL’s thrush?
- Mistake of fact argument: allegation 2
- Were mistakes of fact made by the DBS ones on which the Barring Decision was based?
- The error of law arguments
- Conclusions