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The decision of the Upper Tribunal is to allow the appeal. The matter is remitted to DBS for a new decision. The appellant must remain on the list until DBS makes its new decision
The decision of the Upper Tribunal is to allow the appeal. The matter is remitted to DBS for a new decision. The appellant must remain on the list until DBS makes its new decision.
REASONS FOR DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The matter is remitted to DBS for a new decision. The appellant must remain on the list until DBS makes its new decision
- Introduction
- The proceedings before the Upper Tribunal
- The grant of permission and the parties’ responses/replies to that
- This hearing
- Factual background
- Legal framework
- The Upper Tribunal’s jurisdiction on appeal
- Whether a mistake on a point of law must be a material error of law
- What is a material procedural error
- The grounds of appeal
- Our analysis and conclusions
- Grounds 2 and 3: Failure to grant an extension of time for making representations, or to permit late representations
- Our analysis and conclusions
- Ground 5: Proportionality
- Ground 7: Inclusion on the children’s barred list
- Conclusions