[2024] UKUT 441 (AAC)

This appeal concerns the barring decision of the DBS dated 09 January 2023 to include the appellant on the Children’s Barred List. The material facts were summarised in the letter.

The barring letter set out:

“We have considered all the information we hold and are satisfied of the following:

On 27 July 2018, whilst aged 15 years old you have;

•

Removed the clothing of a 12 year old female against her will;

•

Touched her bottom;

•

Pushed her on to the bed and digitally penetrated her vagina despite her repeatedly telling you “no”;

•

Made her suck your fingers;

•

Removed your trousers, grabbed her head and forced her to perform oral sex on you whilst also holding her arms above her head;

•

Forcibly opened her legs and inserted your penis into her vagina despite her trying to keep her legs closed;

•

Kissed her chest and neck causing love bites;

•

Attempted to strangle her as a means of keeping her still;

•

Straddled her shoulders whilst again placing your penis in her mouth;

•

Dragged her on top of you and again inserted your penis into her vagina;

•

Held her against the wall with your arms whilst digitally penetrating her vagina.

On 15 April 2019, whilst aged 16 years old you have;

Placed your hands on the shoulders of a female child aged 13 years old;

Told her that you fancied her;

Before then moving your hands down to her waist.

Having considered this, DBS is satisfied you engaged in relevant conduct in relation to children. This is because you have engaged in inappropriate conduct of a sexual nature involving a child.”