[2025] UKUT 008 (AAC)

The DBS decision to include OS on the adults’ barred list was made under paragraph 9 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (‘the 2006 Act’). This provides that the DBS must include a person in the adults’ barred list if

Under paragraph 10, “relevant conduct” for the purposes of paragraph 9 includes conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult; and a person’s conduct “endangers” a vulnerable adult if he (amongst other things)

The 2006 Act includes parallel provisions relating to children for the purposes of barring decisions in relation to the children’s barred list (see Schedule 3 paragraphs 3 and 4).

Section 4(2) of the 2006 Act confers a right of appeal to the Upper Tribunal against a decision by DBS under paragraph 9 of Schedule 3 (amongst other provisions) only on grounds that DBS has made a mistake on any point of law (section 4(2)(a)) or in any finding of fact on which the decision was based (section 4(2)(b)). However, the 2006 Act states that “the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact” (section 4(3)). In effect, therefore, issues of appropriateness are non-appealable.