![[2025] UKUT 113 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
The Disclosure and Barring Service’s decision in 2024 to bar the Appellant
The Disclosure and Barring Service’s decision in 2024 to bar the Appellant
In its final decision letter, the DBS recorded that it had taken into account the following matters:
Competent Body Findings made by the Teaching Regulation Agency that:
- you exchanged electronic messages with [Witness A] in which you stated that you had engaged in sexual activity with one or more children or used words to that effect;
- your conduct demonstrated a sexual interest in children and/or was sexually motivated
You accepted a Caution for Possess Methylamphetamine a Class A Controlled Drug - 23/10/2018.
In this context the DBS final decision letter continued as follows:
Your response disputed events that gave rise to your being struck off by the TRA. We have noted your response to this but consider this proven on the balance of probabilities. This is because the opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made. Issues identified in representations including your inability to recall using Facebook and claims that the grammar and communication style used in various apps is not yours do not constitute new evidence.
Finally, the DBS also made the following finding of fact, meaning that it was satisfied that the Appellant had engaged in relevant conduct in relation to children:
You were in possession of illicit images of children (IIOC) and category A videos containing footage of sexual activity between children and male adults.
- 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