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Conclusions
Conclusion
The Upper Tribunal therefore concludes that the decision of the DBS was not based on any material mistake in any finding of fact and involved no error on any point of law. As such, we confirm the Barring Decision.
Accordingly, we dismiss the appeal.
Nicholas Wikeley
Judge of the Upper Tribunal
Josephine Heggie
Specialist Member of the Upper Tribunal
Matthew Turner
Specialist Member of the Upper Tribunal
Authorised by the Judge for issue on 27 March 2025
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Disclosure and Barring Service was not based on any material mistake in any finding of fact and involved no mistake on
- Introduction
- A summary of the factual background
- The Upper Tribunal oral hearing
- The legal framework for barring decisions
- The Disclosure and Barring Service’s decision in 2024 to bar the Appellant
- The Appellant’s grounds of appeal
- The Appellant’s oral evidence
- Mistake of fact and the electronic messaging with Witness A
- Did the Appellant exchange electronic messages with Witness A?
- Did the Appellant state that he had engaged in sexual activity with one or more children (or use words to that effect)
- Did the Appellant’s conduct demonstrate a sexual interest in children and/or was sexually motivated?
- Mistake of fact and the alleged possession of IIOC
- The error of law arguments
- The Appellant’s other arguments
- Disposal
- Conclusions