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Introduction
Introduction
This appeal is about whether the Disclosure and Barring Service (the “DBS”) based its decision made on 11 March 2024 under the Safeguarding Vulnerable Groups Act 2006 (“the “2006 Act”) to place the Appellant’s name on 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 ‘UV’, which are not his true initials, as a means of minimising the risk of jigsaw identification. We also confirm the Rule 14 Order intended to protect his anonymity and privacy and that of any others involved.
- 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