LW v Disclosure and Barring Service: [2024] UKUT 129 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 29 April 2024
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Judicial Summary
In this appeal the Upper Tribunal considered whether the Disclosure and Barring Service鈥檚 (DBS) decision to place the Appellant鈥檚 name on the Adults鈥� Barred List was based on a material mistake of fact.
The Upper Tribunal had the benefit of two significant pieces of fresh evidence not available to the DBS: the transcript of the judge鈥檚 summing up in a Crown Court trial in respect of allegations of which the Appellant was acquitted, and the Appellant鈥檚 oral evidence at the hearing before the Upper Tribunal.
However, this fresh evidence did not persuade the Upper Tribunal that the DBS had made any material mistake of fact in reaching its decision.