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Heading
Appeal No. UA-2024-000650-V
Between:
MOO
Appellant
- v -
DISCLOSURE & BARRING SERVICE
Respondent
Before: Upper Tribunal Judge Jones
Member Mr Roger Graham
Member Mr Christopher Akinleye
Mode of hearing: In person, Field house, London
Decision made: 29 September 2025
Representation:
Appellant: Mr Sente Masemola of counsel instructed by Colin Wales Solicitors
Respondent: Ms Bronia Hartley of counsel instructed by the DBS
SUMMARY OF DECISION
No mistake of fact or law in the decision of the DBS to include the Appellant on the Adults’ barred list (“ABL”). Appeal against inclusion on the ABL dismissed.
SAFEGUARDING VULNERABLE GROUNDS (65) (Adults’ barred list 65.2)
Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.
DECISION
- Heading
- The decision of the Upper Tribunal is that the Appellant’s appeal against the decision of the DBS dated 13 February 2024 is dismissed. There was no mistake of fact nor law in the decision to include h
- Introduction
- Factual background
- Undisputed Chronology
- The incident on 5 February 2023
- Investigatory meeting
- Disciplinary Meeting 17 February 2023
- The Internal Appeal – 27 March 2023
- The DBS Decision
- The Appeal to the UT and grounds on which permission was granted
- Legal framework
- a. “on any point of law” (section 4(2)(a) of the Act)
- Relevant general tests/principles
- Mistakes of fact and the UT’s fact finding jurisdiction
- Assessment of risk
- The grounds of appeal and the Appellant’s submissions
- Barring Decision Process – unreasonableness and disproportionality
- Mistake of law – procedural fairness
- Mistake of fact
- Facts Found
- Appellant’s evidence
- LR’s evidence
- Voice note of team leader Z
- Findings of fact
- Discussion and Analysis
- Other errors of law
- Irrationality
- Proportionality
- Mitigating
- Aggravating
- Conclusions