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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
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.
The Disclosure and Barring Service’s decision of 16 March 2023 was based on material mistakes of fact and involved material errors of law.
REASONS FOR DECISION
Introduction
This appeal deals with whether the Disclosure and Barring Service (the “DBS”) based its decision made on 16 March 2023 under the Safeguarding Vulnerable Groups Act 2006 (“the “SVGA 2006”) to place the Appellant’s name on the Adults’ Barred List and the Children’s Barred List (the “Barring Decision”) on one or more mistakes of fact or errors of law.
We refer to the Appellant in the case reference by the initials “AA”. We make a Rule 14 Order to protect his anonymity and privacy and confirm the Rule 14 Order previously made to protect his anonymity and privacy of others involved.
- 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