# The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Article 8: Appeals

Extent: N.I.

(1) An individual who is included in a barred list may appeal to the Care Tribunal against—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a decision under paragraph 2, 3, 5, 8, 9 or 11 of Schedule 1 to include him in the list;
(c) a decision under paragraph 17 , 18 or 18A of that Schedule not to remove him from the list.
(2) An appeal under paragraph (1) may be made only on the grounds that DBS has made a mistake—
(a) on any point of law;
(b) in any finding of fact which it has made and on which the decision mentioned in that paragraph was based.
(3) For the purposes of paragraph (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
(4) An appeal under paragraph (1) may be made only with the leave of the Care Tribunal.
(5) Unless the Care Tribunal finds that DBS has made a mistake of law or fact, it must confirm the decision of DBS .
(6) If the Care Tribunal finds that DBS has made such a mistake it must—
(a) direct DBS to remove the person from the list, or
(b) remit the matter to DBS for a new decision.
(7) If the Care Tribunal remits a matter to DBS under paragraph (6)(b)—
(a) the Care Tribunal may set out any findings of fact which it has made (on which DBS must base its new decision); and
(b) the person must be removed from the list until DBS makes its new decision, unless the Care Tribunal directs otherwise.
(8) In this Article “the Care Tribunal” means the Tribunal established under Article 44 of the 2003 Order.

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Source: https://www.legislation.gov.uk/nisi/2007/1351/article/8 (the official version)
Page: https://openlegislation.uk/safeguarding-vulnerable-groups-northern-ireland-order-2007/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.