Guidance on the Proper Exercise of Discretion in Registration Appeals Handed Down

Simon Clarke represented the Appellant in this case on her appeal against the decision of the First Tier Tribunal to refuse to cancel the Registrar’s decision to remove her from the Register of ADI’s. The primary issue in this appeal to the Upper Tribunal was whether and to what extent proportionality played a role in the FTT’s decision-making process.

In the judgement of the Upper Tribunal the FTT is required to balance the loss of an ADI Registration against the potential harm caused to the integrity of the Register in a proportional way and must consider such factors as the seriousness of the offence resulting in the Registrar’s decision, the history and character of the ADI and the effect of removal on the Registrant this is described as the “proportionality assessment”, which must in every appeal be conducted by the FTT.

You can see the decision here: https://www.bailii.org/uk/cases/UKUT/AAC/2026/201.html

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