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Appeal No. UA-2023-001736-V
Between:
VMAC
Appellant
- v -
Disclosure and Barring Service
Respondent
Pursuant to rule 14(1)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008, THE UPPER TRIBUNAL ORDERS that, without the permission of this Tribunal: No one shall publish or reveal: the name or address of any of: a. the Appellant in these proceedings, who is referred to by the cipher VMAC; b. VMAC’s wife, who is referred to by the cipher PC; c. VLS, who is a relation of PC; d. MS, who is a relation of PC, e. NC who is a relation of VMAC; f. LC, who worked with VMAC; g. JM, who worked with VMAC; and h. JD, a friend to VMAC, or any information that would be likely to lead to the identification of any of them or any member of their families in connection with these proceedings. Any breach of this Order is liable to be treated as a contempt of court and may be punishable by imprisonment, fine or other sanction under section 25 of the Tribunals, Courts and Enforcement Act 2007. The maximum punishment that may be imposed is a sentence of two years’ imprisonment or an unlimited fine. |
Before: Upper Tribunal Judge Butler, Tribunal Member Heggie and
Tribunal Member Turner
Hearing date(s): 09 April 2025
Mode of hearing: CVP hearing (by video)
Representation:
Appellant: Represented himself
Respondent: Mr Christopher Richards (Counsel)
On appeal from:
DBS registration number: 00989589895
DBS Decision Date: 05 September 2023
SUMMARY OF DECISION
Keywords: Mistake on point of law (65.5), Finding of fact (65.9)
The DBS’s Barring Decision involved a mistake of fact on which the Barring decision was based and material mistakes of law. Remitted to the DBS to make a fresh decision.
Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.
DECISION
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- The decision of the Upper Tribunal is to ALLOW the appeal and REMIT the matter to the Disclosure and Barring Service for a new decision
- A summary of the factual background
- The Barring Decision
- Appeal grounds
- The Upper Tribunal substantive oral hearing
- The legal framework for Barring Decisions
- Oral evidence at the hearing
- VMAC’s evidence
- Evidence from JD
- Evidence from LC
- Submissions from the parties
- Our analysis
- The wording used in the Barring Decision Process summary (and in turn, in the Minded to Bar and Final Decision Letters)
- Was there a mistake of fact and / or was there a mistake or mistakes of law?
- Was any mistake of fact one on which the Barring Decision was based and was any mistake of law material?
- Conclusions
![[2025] UKUT 228 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)