Conclusions
Conclusion
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”.
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.
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
- Heading
- On appeal from the Disclosure and Barring Service ( “DBS” )
- Factual background
- The statutory framework
- Duty to maintain the Barred Lists
- Criteria for inclusion in the Barred Lists
- Appeals of decisions to include, or not to remove, persons in the Barred Lists
- The authorities on the Upper Tribunal’s jurisdiction
- The agreed facts
- MM’s grounds of appeal
- The appeal hearing
- The oral evidence
- Section 12
- Discussion
- Ground 2 – was inclusion in the children’s barred list irrational or disproportionate?
- Conclusions
![[2023] UKUT 275 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)