[2024] UKUT 440 (AAC)

On 7 April 2022 the DBS added JC to the Children’s Barred List and the Adults’ Barred List on the basis that he has engaged in conduct that harmed or could harm a child and a vulnerable adult under SVGA 2006 Schedule 3 para 3 and 9 in that

“Sometime between February and June 1998, whilst aged 25, you abused your position of trust as a Youth Worker when you engaged in conduct of a sexual nature including sexual intercourse with NR a 15-year-old female child who you met through your work at School A where NR was a pupil”.

The basis of the appeal brought by JC was that the DBS has made a mistake of fact in finding that JC knew that NR was 15 when they had sex.

Upper Tribunal Judge Hemingway ordered the DBS to submit representations setting out its position on JC’s appeal. Those submissions are dated October 2022.

An Oral Permission to Appeal Hearing was ordered. In advance of that hearing JC sent in a further written response and some documents. The written response dated 25 April 2023 refers to the crown court trial, the retraction statement and the prosecution offering no evidence with the not guilty verdict being entered. There is criticism of the LADO process.

JC included a number of documents in relation to LADO. With no disrespect intended to JC, the DBS did not address these documents. They appear to be criticism of the LADO findings that substantiated the findings of DBS in light of the not guilty verdict and the June 1998 letter purportedly from NR. It takes the appeal no further forward.

There is also a letter from School B dated 3 October 2022 confirming JC’s dismissal following his inclusion on the Children’s Barred List.