The agreed facts
The agreed facts
MM accepts that he has worked in “regulated activity” in the past as a nurse. Since his dismissal and his removal from the Nursing and Midwifery Register in the context of his offending MM has not worked in regulated activity and he says he has no intention of seeking a return to nursing.
However, MM is considering training for the Roman Catholic priesthood, and he intends to engage in charitable work related to the church. He accepts that this would be likely to involve “regulated activity” in relation both to children and to vulnerable adults.
There is, therefore, no dispute that the regulated activity condition in paragraphs 3(3)(aa) or Part 1 and 9(3)(aa) of Part 2 of Schedule 3 to the 2006 Act is satisfied.
MM also accepts (as he must, given his convictions) that he committed the sexual assaults referred to in paragraph 7 above, and that the commission of those assaults amounts to “relevant conduct” in relation to vulnerable adults for the purposes of Schedule 3 Part 2 paragraph 10 of the 2006 Act.
- 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)