The Weekly Law Reports
[2013] 1 WLR 308
Court of Appeal
*B
v
Independent Safeguarding Authority (Royal College of Nursing intervening)
[2012] EWCA Civ 977
2012 May 10;
July 18
Maurice Kay, Etherton LJJ, Sir Scott Baker
Tribunal— Upper Tribunal— Jurisdiction— Independent Safeguarding Authority charged with deciding whether individual to be placed on barred lists— Applicant convicted of sex offences— Authority including applicant on children’s barred list and subsequently refusing to remove his name from list— Applicant appealing on ground that inclusion in children’s list disproportionate— Upper Tribunal deciding issue de novo and directing removal from list— Whether tribunal having jurisdiction to consider appropriateness of listing— Whether according appropriate weight to authority’s decision— Whether public confidence in statutory scheme and list relevant when deciding appeal against listing—
Safeguarding Vulnerable Groups Act 2006 (c 47) (as amended by Policing and Crime Act 2009 (c 26), s 81 and Transfer of Tribunal Functions Order 2008 (SI 2008/2833), art 6, Sch 3, para 222), ss 1, 2, 4(3)
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