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Heading
Appeal No. UA-2024-000890-V
RULE 14 Order:
Pursuant to rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, it is prohibited for any person to disclose or publish any matter likely to lead members of the public to identify the appellant or any other individuals referred to in these proceedings.
Between:
AE
Appellant
- v -
Disclosure and Barring Service
Respondent
Before: Upper Tribunal Judge Nicholas Wikeley, Tribunal Member Suzanna Jacoby and Tribunal Member Michele Tynan
Hearing date(s): 9 May 2025
Mode of hearing: Oral hearing at Field House, London
Representation:
Appellant: Mr George Wills (counsel)
Respondent: Ms Bronia Hartley (counsel)
On appeal from:
DBS registration number: 01025750115
DBS Decision Date: 8 April 2024
Judicial summary
Safeguarding Vulnerable Groups Act 2006 - section 4(2)(b) – appeal on mistake of fact – Upper Tribunal heard oral evidence and made its own assessment of evidence – no material mistake of fact – decision of Disclosure and Barring Service confirmed.
DECISION
- 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