[2023] UKUT 275 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2023] UKUT 275 (AAC)

Fecha: 05-Oct-2023

Conclusions

Conclusion

97.

The DBS heard no oral evidence. We did. However, there was very little disagreement on the facts relevant to MM’s offending, and none of the further evidence before us indicated that any of DBS’s factual findings were “wrong”.

98.

Neither did any of the additional evidence we heard persuade us that DBS was not reasonably entitled to conclude that, despite the passage of nearly 23 years between his offending and the decision to bar him without further incidents of a similar nature and despite MM’s expressions of regret and remorse, there remains a risk that MM might engage in conduct which would, or would be likely to, endanger vulnerable people. Its decision was neither irrational nor disproportionate.

99.

The Barring Decisions are therefore confirmed, and the appeal is dismissed.

Thomas Church

Judge of the Upper Tribunal

Mr Roger Graham

Tribunal Member

Ms Suzanna Jacoby

Tribunal Member

Authorised for issue on 13 November 2023