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The statutory framework
The statutory framework
Introduction
There are several ways under Schedule 3 to the 2006 Act in which a person may be included on one or other of the two barred lists. This appeal is concerned with what might be described as discretionary barring. This may be on the basis of either an individual’s “relevant conduct” – in effect their past behaviour – (paragraphs 3 & 4) or the risk of harm they pose now and for the future (paragraph 5). This appeal concerns the former of those two discretionary routes to barring, which we now consider in more detail.
- Heading
- A summary of the Upper Tribunal’s decision
- Introductory matters
- The rule 14 Order on this appeal
- A very brief summary of the background to this appeal
- Permission to Appeal
- The evidence and the late evidence
- The statutory framework
- The basis for a “relevant conduct” barring decision
- Rights of appeal
- The Case Law
- The DBS referrals, the investigation and the decision to bar
- The ABE interview
- The Appellant’s oral evidence
- Submissions
- Conclusions on grounds of appeal
- Conclusions