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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
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.
The Disclosure and Barring Service’s decision of 05 September 2023 involved a mistake of fact on which the decision was based and material errors of law.
REASONS FOR DECISION
Introduction
This appeal deals with whether the Disclosure and Barring Service (the “DBS”) based its decision made on 05 September 2023 under the Safeguarding Vulnerable Groups Act 2006 (“the “SVGA 2006”) to place the Appellant’s name on the Adults’ Barred List (the “Barring Decision”) on one or more mistakes of fact and / or law.
We refer to the Appellant in the case reference by the initials “VMAC”. We confirm the Rule 14 Order previously made to protect his anonymity and privacy of others involved. The Rule 14 Order extends to specific individuals as well, who are described in the ciphers set out above.
- 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