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Introduction
Introduction
This appeal is about whether the Disclosure and Barring Service (the “DBS”) based its decision to place the Appellant’s name on both the Children’s Barred List and the Adults’ Barred List (the “Barring Decision”) on one or more mistakes of fact (or errors of law).
The DBS’s Barring Decision in question was made on 8 April 2024 under the Safeguarding Vulnerable Groups Act 2006 (the “2006 Act”).
- 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