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Ellie’s evidence
Ellie’s evidence
Ellie made a short witness statement to the police on 13 June 2023, a few days after Molly’s first disclosure to her and the day after her second disclosure. We have already included (at paragraph 5 above) the passage in which she described the disclosure made by her foster daughter.
Ellie also described how she had confronted the Appellant with the disclosure by Molly:
When I spoke to [the Appellant] following this disclosure I asked if he had kissed her more than once and he wouldn’t answer me. Initially I rang him after [Molly’s] first disclosure and asked if he had kissed her and he wouldn’t answer me. I got really angry and told him he needed to tell me. He admitted her did kiss her on the lips but he had had a glass of wine and he knew he shouldn’t have done it. He said he’d not touched a glass of wine since. Last night following [Molly’s] second disclosure I rang him up and said “Have you kissed [Molly] more than once?” Again he wouldn’t answer me. I was really cross with him. He said, “Having a drink lead me to it.” I was angry and said you’ve ruined my life. I knew at that point that he had kissed her more than once. I can’t remember the exact conversation as I was so angry however he has sent me text messages saying, “The most important thing is that you can find a place in your heart to forgive me, we shall see how to go forward.” I took this to mean he had done wrong and I knew he had kissed her a few times.
The copy of the text messages (pp.78-80) corroborates Ellie’s account in that regard. In any event we find her account to be credible. We note there has been no serious suggestion on the Appellant’s behalf that Ellie’s evidence about her conversations with Molly and the Appellant respectively is in any way unreliable.
- 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