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Ground 1
Ground 1
Introduction
The first ground of appeal is that the DBS made a mistake of fact in its assessment of the evidence in relation to the kiss of June 2022 (i.e. at the birthday party).
We start by reviewing the various evidence in relation to this incident before making our own assessment. We consider the evidence of Ellie, Molly and the Appellant in turn.
- 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