GF v Disclosure and Barring Service: [2020] UKUT 204 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 18 June 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 22 July 2020

• Categories: Safeguarding vulnerable groups, Tribunal procedure and practice
• Sub-categories: Safeguarding vulnerable groups - Children’s barred list, Tribunal procedure and practice - evidence
• Judges: Wikeley, N
• Decision date: 18 June 2020

Read the full decision in V/1938/2019.

Judicial Summary

Appellant pleaded guilty to single offence under Protection of Children Act 1978 (under s.1(1)(a)) of making one indecent image - Appellant (A) placed on Disclosure and Barring Service Children’s Barred List under Sch 3 para 2; no reliance on para 3 (behaviour) - based on police evidence, DBS made findings of fact as to (i) the conviction (ii) computer search terms used by A; (iii) sexual abuse by A of his 4-year-old granddaughter - police investigation of sexual abuse allegation but CPS did not bring charges against A (other than for indecent image) - appeal on fact or law to UT - evaluation of evidence from ABE interview with 4-year-old - hearsay evidence admissible - R (Bonhoeffer) v General Medical Council [2011] EWHC 1585 (Admin) considered

Published 22 July 2020