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The Upper Tribunal substantive oral hearing
The Upper Tribunal substantive oral hearing
We held an oral hearing of the Appellant’s appeal on 09 April 2025. VMAC represented himself. The DBS was represented by Mr Richards of counsel. We were grateful to them for their participation in the hearing. There was an observer from the DBS, who played no part in the hearing other than to observe it.
We heard evidence from VMAC and from his witnesses, LC (his former line manager, including at AC), and from his family friend JD. We are grateful to LC and JD for participating and giving evidence to the Tribunal.
VMAC submitted further evidence on 08 April 2025, including an updated witness statement, which he wrote he had produced in response to the skeleton argument Mr Richards had provided on behalf of the DBS.
- 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