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31 AUG 2012

Independent Safeguarding Authority v SB and Another [2012] EWCA Civ 977 (2012) PLLR 105

Upper Tribunal - appeals - Independent Safeguarding Authority - proportionality - weight accorded to decision makers - public confidence

Appeals against decisions of the Independent Safeguarding Authority (ISA) were not to be treated as de novo appeals as the Upper Tribunal (UT) was prevented from considering the appropriateness of placing an individual on a barred list. In the instant case, the UT did not accord appropriate weight to ISA's decision and did not take into account public confidence.

18 July 2012

Court of Appeal (Civil Division)

Maurice Kay LJ; Etherton LJ; Sir Scott Baker

(1) The Independent Safeguarding Authority (ISA) appealed against a decision of the Upper Tribunal (UT) which had concluded that an individual (SB) should be removed from the children's barred list. SB had been referred to ISA due to convictions for the possession of indecent photographs of children. SB was placed on the adults' and children's barred lists which prevented him from undertaking certain regulated activities. SB had applied to be removed from the lists on the basis of positive mitigating evidence. ISA removed SB from the adults' barred list but did not remove him from the children's barred list on the basis that he presented a future risk to children. SB appealed to the UT. The UT held that ISA had failed to give weight to the mitigating evidence and so had erred in law.

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