Wed, 12 May 2021
Benjamin Harrison of No5 has successfully represented a teacher in proceedings before the Upper Tribunal, where his client was appealing a decision of the Disclosure Barring Service (DBS) to include his name on the Children’s Barred List. Ben was instructed by Paul Dillon of Lawtons Solicitors.
After considering the written grounds of appeal Ben drafted, the DBS reviewed their decision, conceded the appeal, and removed his client’s name from the Children’s Barred List.
The grounds of appeal raised arguments that the DBS had:
- misunderstood key evidence which had been before the Crown Court in respect of the alleged illegal images (expert evidence supported his client's account that the images were not in fact unlawful, and had been accessed by a third party. This had led to the prosecution offering no further evidence at trial); and
- made an unlawful decision, following the application of standard public law principles.