[2025] UKUT 041 (AAC)

The Appellant has been included on the CBL pursuant to paragraph 3 of Part 1 of Schedule 3 to the SVGA (headed “Behaviour”) and on the ABL pursuant to paragraph 9 of Part 2 of Schedule 3, (also headed “Behaviour”). We set out the paragraph 3 provisions below in relation to the CBL. The paragraph 9 provisions relating to vulnerable adults are essentially the same:

“3.

(1) This paragraph applies to a person if –

(a)

it appears to DBS that the person—

(i)

has (at any time) engaged in relevant conduct, and

(ii)

is or has been, or might in future be, engaged in regulated activity relating to children, and

(b)

DBS proposes to include him in the children’s barred list.

(2)

DBS must give the person the opportunity to make representations as to why he should not be included in the children’s barred list.

(3)

DBS must include the person in the children’s barred list if —

(a)

it is satisfied that the person has engaged in relevant conduct,

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and

(b)

it is satisfied that it is appropriate to include the person in the list.

...”

“Relevant conduct” in relation to children is defined in paragraph 4 of Part 1 of Schedule 3 to the SVGA (echoed in relation to adults within paragraph 10 of Part 2) as follows:

“4.

(1) For the purposes of paragraph 3 relevant conduct is –

(a)

conduct which endangers a child or is likely to endanger a child;

(b)

conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;

(c)

conduct involving sexual material relating to children (including possession of such material);

(d)

conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate;

(e)

conduct of a sexual nature involving a child, if it appears to DBS that the conduct is inappropriate.

(2)

A person’s conduct endangers a child if he –

(a)

harms a child,

(b)

causes a child to be harmed,

(c)

puts a child at risk of harm,

(d)

attempts to harm a child, or

(e)

incites another to harm a child.

…”

The Appellant took no issue with the contention that her work for the employer amounted to regulated activity under the legislation. It was therefore not in issue that the regulated activity test in paragraph 3(3)(aa) and 9(3)(aa) of Schedule 3 was satisfied: (“(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children/vulnerable adults”). While she agreed that the allegations amounted to “relevant conduct”, she asserted that the DBS had made material mistakes of fact in finding that she had engaged in such conduct.