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The statutory framework
The statutory framework
Introduction
There are several ways under Schedule 3 to the 2006 Act in which a person may be included on one or other of the two barred lists. This appeal is concerned with what might be described as discretionary barring. This may be on the basis of either an individual’s “relevant conduct” – in effect their past behaviour (paragraphs 8 and 9) or the risk of harm they pose now and for the future (paragraph 10). This appeal concerns the former of those two discretionary routes to barring, which we now consider in more detail.
- Heading
- The decision of the Upper Tribunal is to remit this matter to the DBS to make a fresh decision
- The rule 14 Order on this appeal
- A brief summary of the background to this appeal
- Permission to Appeal
- The evidence
- The statutory framework
- The basis for a “relevant conduct” barring decision
- Rights of appeal
- The Case Law
- DBS referrals, investigation and decision to bar
- The Appellant’s case and Submissions
- The DBS case and submissions
- Conclusion of the Tribunal on the appeal
- Conclusions