Commissioner for Children and Young People and Child Guardian v Lister (No 2)

The case between the Commissioner for Children and Young People and Child Guardian and Susan Beryl Lister was before the tribunal. The Commissioner had issued a negative notice to Lister, barring her from working with children, and Lister sought a review of this decision. Lister sought to introduce additional evidence and requested a rehearing, which the Commissioner opposed. The tribunal was tasked with determining whether the matter should be returned to the original Tribunal for a rehearing and whether the Appeal Tribunal should make its own decision instead of the one that was set aside.

The primary legal issues that the tribunal had to decide were whether Lister's case was exceptional enough to warrant a positive notice, given that her conduct had indicated a risk to children. The tribunal had to consider whether the risk to children had been mitigated by the passage of time or changed circumstances, and whether Lister had insight into her conduct. The tribunal also had to determine if the balancing of risk and protective factors established that this was an exceptional case.

The tribunal found that the Commissioner's decision to issue a negative notice to Lister was correct. The tribunal determined that the risk to children had not been sufficiently mitigated by the passage of time or changed circumstances, and that Lister had not demonstrated sufficient insight into her conduct. The tribunal also found that the balancing of risk and protective factors did not establish this as an exceptional case. The tribunal concluded that the matter should not be returned to the original Tribunal for a rehearing, and that the Appeal Tribunal should not substitute its own decision for the one that was set aside.

The tribunal confirmed the Commissioner's decision to issue a negative notice to Lister. The tribunal found that the Commissioner had not erred in law or failed to take into account relevant considerations in making the decision. The tribunal also found that the Commissioner's decision was reasonable and just.