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The ‘relevant conduct’ gateway
The ‘relevant conduct’ gateway
In this case the DBS relied upon the ‘relevant conduct’ gateway. That required the DBS to be ‘satisfied’ of three things:
that EAO was at the relevant time, had in the past been, or might in future be ‘engaged’ in, ‘regulated activity’ in relation to vulnerable adults (see paragraph 9(3)(aa) of Schedule 3 to the SVGA);
that EAO had ‘engaged’ in (see paragraph 9(3)(a) of Schedule 3 to the SVGA) ‘relevant conduct’ (defined in paragraph 10); and
that it was ‘appropriate’ (and proportionate) to include EAO on the barred list (see paragraph 9(3)(b) of Schedule 3 to the SVGA).
If the DBS was satisfied of all three matters above, it was required to place EAO’s name on the Adults’ Barred List.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Disclosure and Barring Service did not involve any material mistake of fact or law. It is confirmed
- Factual and procedural background
- The ‘relevant conduct’ gateway
- The Upper Tribunal’s jurisdiction under the SVGA
- The relevant authorities
- The hearing before the Upper Tribunal
- Discussion
- Conclusions