[2025] UKUT 228 (AAC)

Having performed the analysis set out above, we are satisfied that the DBS made mistakes of fact and mistakes of law in the following ways.

The DBS failed to take adequately into account the evidence it received of the risk assessment carried out by AC on 30 September 2022. As explained above, the DBS has not set out the full paragraph of the evidence from which it cited in the Minded to Bar letter and the equivalent part of the Barring Decision process summary. As explained above, the part that the DBS left out was a particularly important part of the evidence. We are satisfied this indicates the DBS did not take it into account, especially as it largely appeared to copy and paste the remainder of the paragraph. There were other parts of the AC risk assessment that were also potentially important, for example, the explanation of what work VMAC would be doing.

In our assessment, the DBS did not engage adequately with the individual elements of that evidence, to perform the evaluation process the DBS needed to carry out. This extends to, and includes, failing to take account of the evidence at the later stage in the decision-making process, which fed into the Final Decision Letter. The DBS’ failure to take the evidence adequately into account was an error of law.

The statement in the Final Decision Letter (and the equivalent part of the Barring Decision Process summary) that the DBS had not been provided with any supporting evidence to mitigate future risk, was a finding of fact that involved a mistake of fact. It was also an error of law because the statement that there was no supporting evidence represented one that no reasonable decision-maker could adopt on the evidence before it.