[2024] UKUT 330 (AAC)

INTRODUCTION

The appellant appeals to the Upper Tribunal against the DBS’s decision communicated in a letter dated 26 October 2023 to include him in the adults’ barred list and the children’s barred list. Permission to appeal was given on 26 April 2024 by Upper Tribunal Judge Brunner KC (the same judge who determines this full appeal, now sitting with specialist members).

An oral hearing was by consent held by video, on 3 October 2024. The appellant was represented by Mr Bajwa KC. The DBS was represented by Mr Bayne. We are grateful to both for their written and oral submissions.

The basis of the DBS’s barring decision is the appellant’s possession of indecent images of children in two separate periods, one of which led to a criminal conviction. The appeal focuses on whether that decision was proportionate, bearing in mind the interference with the appellant’s life and the public interest in barring. We have found that it was proportionate, and that there are no other material errors of law or fact. As we heard submissions about the approach which we should take to proportionality, we have examined the case law and set out the approach which we have adopted.

FACTUAL AND PROCEDURAL BACKGROUND