Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 19 (AAC)

Fecha: 13-Dic-2023

This appeal

This appeal

This is an appeal against the decision (the “decision”) of the Respondent (“DBS”) dated 25 May 2022to include CW in the children’s barred list. The decision

The decision was made under paragraph 3 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (the “Act”). This provides that DBS must include a person in the children’s barred list if

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

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

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

Under paragraph 4, “relevant conduct” for the purposes of paragraph 3 includes, amongst other things, conduct which endangers a child or is likely to endanger a child; and a person’s conduct “endangers” a child if he (amongst other things)

harms a child or

causes a child to be harmed

puts a child at risk of harm or

attempts to harm a child.

The letter conveying the decision (the “decision letter”):

stated that DBS was satisfied that CW engaged in relevant conduct in relation to children, as it was satisfied that CW, whilst working as a supply teacher in primary schools

on 11 May 2021, whilst teaching a Year 6 class,

hit a pupil (“P”) across the wrist with CW’s pen

ii.

dropped a book on P’s arm; and

iii.

pushed P on the top of the head causing her to be seated when she tried to sit up;

on an unspecified date in 2019, grabbed a child by their jumper, scratched him and pushed him into a classroom; and

on an unspecified date in November 2019, refused to let a child go to the toilet and the child wet himself

(in what follows, these three incidents are referred to as, respectively, the “May 2021 incident”, the “2019 incident” and the “November 2019 incident”);

ii.

gave reasons why DBS was satisfied that a barring decision was appropriate. In this section further facts were found:

regarding the May 2021 incident:

CW’s behaviour caused P to cry in his classroom;

ii.

P informed her mother later that day

iii.

another child stated that they were scared when CW came round to look at their work as they did not want what happened to P to happen to them

iv.

CW appeared to have created a fearful class and as such caused emotional harm to more than one child through his behaviour on that day

the Year 4 children in the school were afraid of CW and this was why CW was moved to the Year 6 class;

CW appeared to have caused at least three children emotional and physical harm;

iii.

stated that DBS was satisfied that CW

was callous and lacked empathy with children

was irresponsible in his behaviour as he had not taken responsibility for what had been proven to him; CW had not demonstrated any understanding of the harm caused or the potential for harm in these situations

had poor coping skills: when shown any challenging behaviour or difficult situations, he resorted to physical “abuse”, be that pushing a child back into their seat with his hand or manhandling them into a classroom having pulled at their jumper. This type of poor coping skills had the potential to lead to significant harm and DBS was satisfied that this is something that CW would repeat if given the opportunity.