WW v Disclosure & Barring Service: [2023] UKUT 241 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 25 September 2023.
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Judicial Summary
Teacher who had been convicted of two offences of marital rape included on Children’s Barred List - Structured Judgement Process (SJP) risk assessment disclosed only one ‘definite concern’ (‘entitlement to sex’) - Case escalated to Disclosure and Barring Service team leader in accordance with Disclosure and Barring Service guidance - Disclosure and Barring Service guidance also required cases where ‘public confidence’ a factor in barring decision ‘must’ be escalated to Head of Service - Appellant’s case not so escalated - AP v Independent Safeguarding Authority [2012] UKUT 412 (AAC); [2013] AACR 17 and SR v Disclosure and Barring Service [2013] UKUT 103 (AAC); [2013] AACR 31 considered - whether error of law.