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Jurisdiction of the Upper Tribunal
Jurisdiction of the Upper Tribunal
Section 4(2) of the Act confers a right of appeal to the Upper Tribunal against a decision by DBS under paragraph 9 and 3 of Schedule 3 (amongst other provisions) only on grounds that DBS has made a mistake
on any point of law;
in any finding of fact on which the decision was based.
The Act says that “the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact” (section 4(3)).
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made a mistake in findings of fact it made and on which its decisions (DBS reference DBS6191 01011031802 ) of 14 May 2024 (adu
- The legislation underlying DBS’s decisions
- Jurisdiction of the Upper Tribunal
- DBS’s decisions
- The appeal to the Upper Tribunal
- Documentary evidence in the Upper Tribunal bundle
- PEO’s position/evidence
- Did DBS make a mistake in the finding of fact at [8a i.] above (administering medication etc)?
- Did DBS make a mistake in the finding of fact at [8a iii.] above (as regards PEO neglecting those in his care on Monday 3 April 2023 by not providing personal care to service user VA)?
- Were DBS’s mistakes in findings of fact material, given DBS’s other (unchallenged) factual findings?
- Conclusions