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Duty to maintain the Barred Lists
Duty to maintain the Barred Lists
Section 2(1)(a) of the 2006 Act places a duty on the DBS to maintain the Barred Lists. Under Section 3(2)(a) of the 2006 Act a person is barred from “regulated activity” relating to children if they are included in the children’s barred list. Under Section 3(3)(a) a person is barred from “regulated activity” relating to vulnerable adults if they are included in the adults’ barred list.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal: the decision of the Disclosure and Barring Service (“DBS”) DBS made on 15 September 2020 to include the Appellant’s name in the Children’s
- What this appeal is about
- Preliminary issue: anonymity
- The Barring Decision
- The TRA Decision
- The legal issues in this appeal
- The statutory framework
- Duty to maintain the Barred Lists
- Criteria for inclusion in the children’s barred list
- Appeals of decisions to include, or not to remove, persons in the Barred Lists
- The recent authorities on the Upper Tribunal’s “mistake of fact” jurisdiction
- Issue 1: Did DBS err in law by making a final decision to place XYZ’s name on the Children’s Barred List without awaiting the outcome of the TRA proceedings?
- Issue 2: What is the significance of the TRA Decision?
- Issue 2: Was the Barring Decision based upon a material mistake of fact?
- Findings that XYZ holds an exploitative attitude, formed a personal relationship with Pupil A for his own gratification, and holds a significant sexual interest in teenage girls, having engaged in sex
- Conclusions