[2024] UKUT 286 (AAC)

The full relevant statutory provisions and authorities are set out in the Appendix to this decision. Therefore, we only draw attention to the most relevant law at this stage.

There are, broadly speaking, three separate ways under Part 1 of Schedule 3 to the Act in which a person may be included in the Children’s Barred List (‘CBL’) or ABL, which can generally be described as: (a) Autobar (for Automatic Barring Offences), (b) Autobar (for Automatic Inclusion Offences) and (c) Discretionary or non-automatic barring.

The third category applies in this case. The appeal concerns discretionary barring where a person does not meet the prescribed criteria (has not been convicted of specified criminal offences), but paragraphs 3 and 9 of Schedule 3 to the Act applies.

Paragraphs 3 and 9 of Schedule 3 to the Act, set out the provisions in relation to inclusion on the CBL or ABL. They provide that, following an opportunity for and consideration of representations, DBS “must” include a person on the List if: (i) it is satisfied that they have “engaged in relevant conduct”; (ii) it has reason to believe that they have been (or might in future) be “engaged in regulated activity relating to children/vulnerable adults”; and (iii) it is satisfied that it is “appropriate” to include them.

Therefore, pursuant paragraph 3(3) or 9(3) of Schedule 3, the DBS must include the person in the children’s or adults’ barred lists if: