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The grounds of appeal and the Appellant’s submissions
The grounds of appeal and the Appellant’s submissions
Submissions on behalf of the Appellant
The Appellant was granted permission to appeal on the grounds of appeal set out in her notice of appeal and those additional points of law identified by the UT as set out above.
In submissions for the hearing drafted by counsel dated 31 July 2025, the Appellant relied on the following summary of grounds:
Critical in this case is whether as a matter of fact, the Appellant struck a service user while carrying out their work in support of a vulnerable adult service user. A secondary question, if an assault did occur, is the level of risk of relevant conduct occurring again.
PC made errors of fact and law some of which DBS failed to address in the period from which it first got a Referral to the time of its final decision.
The DBS itself made at least one material mistake of fact.
The DBS made at least one error of law in coming to its final decision and the barring outcome.
The barring outcome concerning work with vulnerable adults and partly based on the DBS perception of current or future risk was unfair to MOO and disproportionate in all the circumstances.
- 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