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Were mistakes of fact made by the DBS ones on which the Barring Decision was based?
Were mistakes of fact made by the DBS ones on which the Barring Decision was based?
We have decided that the mistakes of fact identified for both allegations 1 and 2 were ones on which the Barring Decision was based within the meaning of section 4(2)(a) of the SVGA 2006. They satisfy the test of being material to the Barring Decision (see paragraph 51(b) of PF v DBS [2020]).
- 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