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The Barring Decision
The Barring Decision
On 05 September 2023, the DBS decided (in a Final Decision Letter) to include VMAC in the Adults’ Barred List on the basis of having made the following findings of relevant conduct:
VMAC had a conditional caution for common assault, received on 02 December 2021;
Over an extended period of time, VMAC exposed his wife and two children to domestic abuse – this was characterised by physical and emotional abuse; calling his 9-year-old stepson a “bastard”, threatening his wife with a clenched fist and repeatedly physically assaulting both his wife and her son. This led to the children being placed on a Child in need plan due to safeguarding concerns.
- Heading
- 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