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    [2024] UKUT 379 (AAC)
    Upper Tribunal Administrative Appeals Chamber

    [2024] UKUT 379 (AAC)

    Fecha: 14-Jun-2024

    Error al cargar el documento

    Vista, DOCUMENTO COMPLETO
    • Heading
    • This decision is given under section 4 of the Safeguarding Vulnerable Groups Act 2006 ( “SVGA” )
    • Ground One : That the DBS failed to carry out a fair and appropriate information gathering and assessment exercise, in breach of the requirements of natural justice
    • DBS’s findings and the Barring Decision
    • The statutory framework
    • Duty to maintain the Barred Lists
    • Criteria for inclusion in the Barred Lists
    • Appeals of decisions to include, or not to remove, persons in the Barred Lists
    • Ground One – has the DBS made an error of law in its approach to or gathering of evidence about LM’s appeal
    • Allegations concerning sexual misconduct
    • Allegations concerning LM’s children and relationship with his wife
    • In respect of sexual misconduct
    • In respect of allegations concerning his children and his wife
    • Grounds 2 – 7
    • Ground Two: The DBS was wrong to find that LM had slapped his son in 2018
    • Ground 3 and Ground 4: The DBS was wrong to find that LM had threatened to kill his partner in 2013 and that LM had hit his partner in 2013
    • Grounds 5 – 7: initial considerations on issues of propensity
    • Ground Seven: “The DBS was wrong to find LM had demonstrated sexualised behaviours with colleagues in 2018”
    • Ground 5: the DBS was wrong to find that he had demonstrated sexualised behaviour in 2007 by VM, EH, KW
    • Internal investigation which took place in 2008 about events in 2007
    • Ground 6: Sexual assault at a care home in 2013
    • Conclusions

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