Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 442 (AAC)

Fecha: 31-Oct-2024

The basis for a “relevant conduct” barring decision

11.

Paragraphs 8 and 9 of Schedule 3 to the 2006 Act deal with behaviour or “relevant conduct” in relation to vulnerable adults and are in issue in the present case. So far as is relevant, they provide as follows:

(1) This paragraph applies to a person if—

(a)

it appears to DBSthat the person —

(i)

has (at any time) engaged in relevant conduct, and

(ii)

is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(b)

DBS proposes to include him in the adults’ barred list.

(2)

DBS must give the person the opportunity to make representations as to why he should not be included in the adults’ barred list.

(3)

DBS must include the person in the adults’ barred list if—

(a)

it is satisfied that the person has engaged in relevant conduct

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(b)

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

10.

(1) For the purposes of paragraph 9 relevant conduct is—

(a)

conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;

(b)

conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;

...

(2)

A person's conduct endangers a vulnerable adult if he—

(a)

harms a vulnerable adult,

(b)

causes a vulnerable adult to be harmed,

(c)

puts a vulnerable adult at risk of harm,

(d)

attempts to harm a vulnerable adult, or

(e)

incites another to harm a vulnerable adult.