[2025] UKUT 304 (AAC)

Our approach to the case

We heard evidence from NAC as we are entitled to do: Disclosure and Barring Service v JHB [2023] EWCA Civ 982 at [95]. That evidence was contained in his witness statement dated 12 August 2025. He supplemented this in response to questions from Mr Dayle, on cross-examination by Ms Hartley, and in answer to questions from the panel.

Having heard that evidence, we approached the case in accordance with the decision of the Court of Appeal in RI v Disclosure and Barring Service [2024] 1 WLR 4033. Bean LJ there approved at [29] the submission by counsel for RI at [28] that ‘the Upper Tribunal is entitled to hear oral evidence from an appellant and to assess it against the documentary evidence on which the DBS based its decision.’ Later at [31], Bean LJ said that ‘where relevant oral evidence is adduced before the UT … the Tribunal may view the oral and written evidence as a whole and make its own findings of primary fact.’ And Males LJ said at [50] that the Upper Tribunal is ‘entitled to evaluate that evidence, together with all the other evidence in the case …’ We note that Bean LJ said at [31]: