Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 239 (AAC)

Fecha: 10-Jul-2024

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

(b)

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

55.

An activity is a “regulated activity relating to children” for the purposes of paragraph 2(8)(b) of Schedule 3 if it falls within one of the subparagraphs in paragraph 1 of Schedule 4 to the Act; that provision broadly defines “regulated activity” and includes, in relation to children, “any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children”.

56.

‘Relevant conduct’ is defined under paragraphs 4 and 10 of Schedule 3 to the Act as set out in the Appendix. Paragraphs 4(1) and 10(1) of the same, sets out the meaning of “relevant conduct”. It includes: (i) “conduct which endangers a child / vulnerable adult or is likely to endanger a child / vulnerable adult”; (ii) “conduct which, if repeated against or in relation to a child / vulnerable adult, would endanger that child / vulnerable adult or would be likely to endanger him”. Paragraphs 4(2) and 10(2) of the same, provides that conduct “endangers a child / vulnerable adult if” among other things it: (i) “harms” a child / vulnerable adult ; or (ii) puts a child / vulnerable adult “at risk of harm”.

57.

Section 4 of the Act provides:

4 Appeals

(1)

An individual who is included in a barred list may appeal to the [ Upper]1 Tribunal against– [...]

(b)

a decision under [paragraph 2, 3, 5, 8, 9 or 11]3 of [Schedule 3]4 to include him in the list;

(c)

a decision under [paragraph 17, 18 or 18A]5 of that Schedule not to remove him from the list.

(2)

An appeal under subsection (1) may be made only on the grounds that [DBS] has made a mistake–