LW v DBS

LW v DBS

The Upper Tribunal found no material mistake of fact or law in the DBS’s decision. The evidence, including new oral testimony and trial transcripts, supported the DBS’s findings that LW engaged in sexual activity with Child A, possessed nude images, and bought alcohol and tobacco for her. LW’s explanations were not credible, and the findings were within the reasonable range open to DBS. The appeal was dismissed and the Barring Decision confirmed.

Parties
Appellant: LW; Respondent: DBS
Jurisdiction
England and Wales
Judgment Date
29 April 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Barring Decisions, Mistake of Fact, Safeguarding Vulnerable Groups, Appeals Process, Standard of Proof
Administrative Law Safeguarding Employment Law Barring Decisions Mistake of Fact Safeguarding Vulnerable Groups Appeals Process Standard of Proof

Case Brief

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Parties

LW

Appellant

DBS

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether DBS made a material mistake of fact or law in including LW in the Adults’ Barred List
  2. 2 Whether findings regarding LW’s conduct towards Child A were mistaken

Ratio Decidendi

The Upper Tribunal found no material mistake of fact or law in the DBS’s decision. The evidence, including new oral testimony and trial transcripts, supported the DBS’s findings that LW engaged in sexual activity with Child A, possessed nude images, and bought alcohol and tobacco for her. LW’s explanations were not credible, and the findings were within the reasonable range open to DBS. The appeal was dismissed and the Barring Decision confirmed.

Court Disposition

Appeal dismissed

Orders

  • Barring Decision confirmed
  • LW remains on Adults’ Barred List