Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 389 (AAC)

Fecha: 27-Sep-2024

conduct involving sexual material relating to children (including possession of such material)

(c)

conduct involving sexual material relating to children (including possession of such material);

(d)

conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate;

(e)

conduct of a sexual nature involving a vulnerable adult, if it appears to DBS that the conduct is inappropriate.

Upper Tribunal Powers on Appeal

11.

Section 4(2) of the Act sets out the limited bases for an appeal to the Upper Tribunal against a barring decision:

“(2)

An appeal under subsection (1) may be made only on the grounds that DBS has made a mistake—

Heading
The decision of the Upper Tribunal is to allow the appeal. The decision of the Disclosure and Barring Service made on the 22 January 2023 (wrongly stated as 2022) was based upon material errors in fin
The statutory framework
If the Upper Tribunal remits a matter to DBS under subsection (6)(b)—
10(1) For the purposes of paragraph 9 relevant conduct is— conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult
conduct involving sexual material relating to children (including possession of such material)
on any point of law
Evidence
Conclusions