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Children: Protection

Volume 501: debated on Thursday 26 November 2009

To ask the Secretary of State for Children, Schools and Families with reference to the answer of 9 November 2009, Official Report, column 107W, on children: protection, on what ground each of the 34 appeals was upheld. (300708)

[holding answer 23 November 2009]: Information on appeals, including the detailed judgments and the reasons for decisions issued by the Tribunal, can be found on the First-Tier Tribunal's (FTT) website at

The judgments issued by the FTT set out the facts of each case, the evidence presented by the Appellant and Respondent during the hearing and the FTT's reasons for its judgment.

In general terms, the burden of proof lies with the Secretary of State as Respondent. The FTT upholds an appeal if it considers, on the balance of probabilities, that

(i) in List 99 appeals, the Secretary of State's direction preventing an individual from working with children is not appropriate; and

(ii) in PoCA appeals, it is not satisfied that the individual was guilty of misconduct which harmed a child or placed a child at risk of harm and that the individual is unsuitable to work with children .

Since the reply given on 9 November 2009, Official Report, column 107W, the Tribunal has re-heard (upon instruction from the High Court) one appeal which had been previously allowed and was included in the 34 appeals reported in that answer. As a result of the Tribunal's decision in this case to dismiss the appeal on re-hearing, the total number of appeals allowed by the Tribunal is now reduced to 33.

Judgments, containing the reasons for decisions, for each of the 33 appeals upheld by the Tribunal can be accessed at the following addresses: .aspx?ID=1014 .aspx?ID=882 .aspx?ID=1011 .aspx?ID=1012 .aspx?ID=1003 .aspx?ID=1010 .aspx?ID=1002 .aspx?ID=1008 .aspx?ID=275 .aspx?ID=341 .aspx?ID=342 .aspx?ID=906 .aspx?ID=297 .aspx?ID=303 .aspx?ID=345 .aspx?ID=274 .aspx?ID=396 .aspx?ID=288 .aspx?ID=354 .aspx?ID=361 .aspx?ID=965 .aspx?ID=379 .aspx?ID=433 .aspx?ID=880 .aspx?ID=949 .aspx?ID=977 .aspx?ID=1038 .aspx?ID=974 .aspx?ID=888 .aspx?ID=1039 .aspx?ID=196 .aspx?ID=199 .aspx?ID=137