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The Appellant’s grounds of appeal
The Appellant’s grounds of appeal
The Appellant advances two grounds of appeal.
The first ground is that the DBS made a mistake of fact in its assessment of the evidence in relation to the kiss of June 2022.
The second ground of appeal is that the DBS made an error of law in respect of proportionality concerning its decision to bar the Appellant from working with vulnerable adults as well as with children.
We start, however, with some general observations about the Appellant’s oral evidence.
- 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