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Relevant general tests/principles
Relevant general tests/principles
In order for the appeal to succeed under section 4 of the Act, the UT would need to reach a conclusion that DBS made a material mistake on a point of fact or law. The DBS relied on the “relevant conduct” gateway. It therefore needed to be “satisfied” of the following 3 things before barring MOO (pursuant to the following para 9 of Schedule 3 to the Act):
First, under 9(3)(aa), MOO was at the time, had been in the past, or might in the future be, “engaged” in “regulated activity” (relating to vulnerable adults).
Second, under para 9(3)(a), MOO “engaged” in “relevant conduct”, as further defined under paras 4 and/or 10, (“Relevant Conduct”).
Third, under para 9(3)(b), it was “appropriate” to include MOO on the barred list.
Indeed, if satisfied of the above three matters, the DBS was required, by the Act, to include MOO on the relevant lists.
- 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