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The Appeal to the UT and grounds on which permission was granted
The Appeal to the UT and grounds on which permission was granted
The Appellant lodged at the Upper Tribunal a notice of appeal against inclusion on the ABL dated 16 May 2024 and served her initial evidence on the Tribunal on 20 August 2024.
In summary, the grounds of appeal are that there were mistakes of fact in the finding of relevant conduct and mistakes of law in the DBS failing to take account relevant evidence in making the Decision.
On 2 December 2024, the UT granted permission to proceed with the appeal, on the grounds set out in notice of appeal.
The UT was satisfied that the grounds of appeal held a realistic prospect of success (that there were arguable mistakes of fact and law in the DBS Decision). The UT also granted permission to appeal on the grounds of there being a mistake of law: i) that the decision to bar the Appellant was disproportionate and / or; ii) the decision that the Appellant presented a risk of committing relevant conduct in the future was based on a mistake of fact or was irrational or unreasonable.
- 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