[2025] UKUT 98 (AAC)

Having considered evidence that was not before the DBS, which we found to be compelling and to place a different complexion on the evidence that was before the DBS, we have found that the Barring Decision was based on material mistakes of fact and we have made our own findings based on all the evidence before us (as RI permits us to do).

Where the Upper Tribunal finds that the DBS has made such a mistake or mistakes it must either direct the DBS to remove the person from the list or remit the matter to DBS for a new decision.

AB says the usual order will be remission back to DBS unless no decision other than removal is possible on the facts. Given that we have found that the DBS’s findings of fact on each of the Allegations was mistaken and given the findings of fact that we have ourselves made, there is no basis for RW’s name being included on either barred list. As such a direction for removal of RW’s name from both barred lists is the only appropriate disposal.

We therefore direct the DBS to remove RW’s name from each of the Adults’ Barred List and the Children’s Barred List.