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A summary of the factual background
A summary of the factual background
The Appellant and Ellie were in a long-distance relationship, having met through an online Christian dating platform in or about June 2021. At the time in question the Appellant would stay over at Ellie’s house for one or two nights once a fortnight. She did not visit him as he lived in hospital accommodation associated with his job as a mental health support worker. In about December 2021 Ellie introduced the Appellant to Molly and to her other foster child, a younger boy.
In June 2023 Molly disclosed to Ellie that the Appellant had kissed her at her (Ellie’s) birthday party in June 2022, i.e. a year earlier. On that occasion there had been a barbecue in the garden with friends and those present had been drinking alcohol. Ellie promptly reported Molly’s disclosure to the police and her statement to the police (dated 13 June 2023) included the following passage:
[Molly] said, "It all started last year on your birthday." I asked, 'What?' She said, "[the Appellant] kissed me and now he keeps following me upstairs." I asked her questions I said was it fatherly or a passionate and she said, "It was just a quick peck on the lips and it was just once." I said that's not OK but at that point I thought it may have been a fatherly kiss. I gave her a cuddle and said I would speak to him. She then went to bed.
Following this disclosure she came home on Monday 12 June at approx. 19:30 hrs and disclosed the following. She said, "It wasn't just once that [the Appellant] kissed me it was several times." I said, "I thought it was a fatherly kiss." She said, "I thought you would know as he kept following me upstairs." I asked if she knew how many times and she said she didn’t know. I asked, "When was the last time?’ She said, "The last time that he came down." This was just before Christmas as he'd told me that he had been training so I haven't physically seen him.
In a lengthy police interview (dated 14 June 2023) the Appellant subsequently admitted to having kissed Molly with an open mouth while under the influence of alcohol at Ellie’s party. He maintained that there was no sexual motive to the kiss. However, he described the kiss at the birthday celebrations as not the type that he would give to his own daughter and reported to feeling “not good about it” and “haunted”. Molly provided an ABE interview but did not engage with the interviewing officer(s), following which the CPS decided to take no further action in relation to the incident.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Disclosure and Barring Service dated 8 April 2024 was not based on any material mistake in any finding of fact and invo
- Introduction
- The individuals involved
- A summary of the factual background
- The Upper Tribunal oral hearing
- The legal framework for barring decisions
- The Disclosure and Barring Service’s decision to bar the Appellant
- The Appellant’s grounds of appeal
- The Appellant’s oral evidence
- Ground 1
- Ellie’s evidence
- Mollie’s evidence
- The Appellant’s evidence
- The police interview
- The Appellant’s written representations to the DBS
- The Appellant’s oral evidence to the Upper Tribunal
- Mistake of fact: our analysis
- Ground 2
- The parties’ submissions
- Proportionality: our analysis
- Conclusions