- Publication Date
- 5 October 2020
- Case Reference
- Track 2
- Adjudicated Party
- Kelly, Devon
- Service Type
- Not relevant
- Tribunal's final assessment
- Very Serious
- 4.8.3 (g) Sanctions
- Breaches raised
The Tribunal was asked to consider imposing a prohibition against Mr Devon Kelly pursuant to paragraph 4.8.3(g) of the Code.
The case related to two previous adjudications against the Level 2 provider, Madlenka Limited ‘the Level 2 provider’. The first was dated 12 June 2019 (case reference: 151390) and involved a directory enquiry service. The second was dated 13 November 2019 (case reference: 179036) and related to a failure to comply with the financial sanctions and administrative charges imposed by the Tribunal on 12 June 2019. As part of the first adjudication on 12 June 2019, the Tribunal recommended that the Executive consider initiating the process which may lead to the prohibition of Mr Kelly pursuant to paragraph 4.8.3(g) of the Code.
The Tribunal noted that it had no specific information as to the impact that a prohibition for five years would have on Mr Kelly’s financial circumstances as Mr Kelly had not responded to the notification of potential prohibition.
Considering all of the facts of the case, including the severity of the breaches that had been upheld by the two previous Tribunals, the Tribunal decided that a five-year prohibition was both proportionate and appropriate despite the potential impact it could have on Mr Kelly’s financial circumstances.
Accordingly, the Tribunal decided to prohibit Mr Kelly from providing, or having any involvement in, any premium rate service in the UK for a period of five years from the date of publication of this decision.
Administrative charge recommendation: 100%