[2025] UKUT 228 (AAC)

We have found that the DBS made a mistake of fact on which the Barring Decision was based within the meaning of section 4(2)(b) of the SVGA 2006. We have also found that the DBS made errors of law that were material.

Where the Upper Tribunal finds that the DBS has made mistakes of fact on which the Barring Decision was based and / or material mistakes of law, the Upper Tribunal must either direct the DBS to remove the person from the list or remit the matter back to the DBS for a new decision.

In the circumstances, we have decided, in accordance with section 4(6) and (7) of the SVGA 2006, to remit this matter to the DBS to decide afresh whether to make a Barring Decision. Applying the principles in DBS v AB, we are not satisfied that no other decision than removal is possible on the facts.

We direct that VMAC’s name shall not be removed from the Adults’ Barred List pending the DBS remaking the Barring Decision.