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The Disclosure and Barring Service’s decision to bar the Appellant
The Disclosure and Barring Service’s decision to bar the Appellant
In its final decision letter of 8 April 2024, the DBS recorded that it was satisfied of the following:
On the balance of probabilities you kissed your partner’s foster daughter, [Molly], a child aged 11-12 years old, on multiple occasions between June 2021-December 2022 and specifically when you kissed [Molly] in June 2022 the kiss was of a sexual nature.
The DBS’s final decision letter continued by stating that it was satisfied “you engaged in relevant conduct in relation to children. This is because you have engaged in inappropriate conduct of a sexual nature involving a child.” The final decision letter added that:
It is also considered that you have engaged in relevant conduct in relation to vulnerable adults, specifically conduct which, if repeated against or in relation to a vulnerable adult, would endanger that vulnerable adult or would be likely to endanger him or her.
The final decision letter then went on to explain in some detail why the DBS had concluded that it was appropriate to make a Barring Decision in relation to the Appellant.
- 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