[2024] UKUT 377 (AAC)

The Appellant appealed to the Upper Tribunal against the decision of the Disclosure and Barring Service (the DBS) made on the 22 October 2022 to place the Appellant’s name on both the Children and Adults’ Barred Lists. Permission to appeal was granted on limited grounds by Upper Tribunal Judge Church on the 15 March 2024.

An oral hearing was held by video on the 23 September 2024. The Appellant represented himself and the DBS was represented by Mr Bayne. We are grateful to both for their written and oral submissions.

The basis of the barring decision were the following four grounds: firstly, that the Appellant had engaged in a video call with a 15 year old female whilst at work at the care home and feeding a vulnerable 89 year old resident. Secondly, that the Appellant had harassed two 15 year old girls through social media, texts and approaching them in the street. Thirdly, that he had asked a 15 year old girl for sex and fourth, that he had asked a 15 year old girl if she could obtain marijuana for him.

The Appellant accepted that his conduct in relation to the vulnerable adult had been inappropriate but disputed the other allegations.

The appeal focuses on whether the decision was based on error of fact as alleged by the Appellant. We have found that there are no material errors of law or fact and that the Appellant’s name should remain on both lists.