Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 344 (AAC)

Fecha: 02-Ago-2024

DBS’s decision

DBS’s decision

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

it is satisfied that the person has engaged in relevant conduct,

it has reason to believe that the person is, or has been, or might in the future be, engaged in regulated activity relating to vulnerable adults, and

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

Under paragraph 10, “relevant conduct” for the purposes of paragraph 3 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)

harms a vulnerable adult or

causes a vulnerable adult to be harmed

puts a vulnerable adult at risk of harm or

attempts to harm a vulnerable adult.

The letter (“DBS’s decision letter”) conveying DBS’s decision:

stated that DBS was satisfied that

on 10 February 2023 SCK restrained a vulnerable adult in his care (“MDC”) by holding both of his hands to his chest, slapped him across the face and called his son a ‘bastard’

SCK had engaged in relevant conduct in relation to vulnerable adults because he had engaged in conduct which endangered a vulnerable adult or was likely to endanger a vulnerable adult;

ii.

stated that DBS was greatly concerned that if SCK were to be faced with challenging behaviour by vulnerable adults again in the future, SCK would display similar harmful behaviour, failing to put into place the techniques he had been trained to use and was expected to use.