Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 329 (AAC)

Fecha: 25-Sep-2024

in relation to the Appellant’s 2003 caution for common assault

(b)

in relation to the Appellant’s 2003 caution for common assault:

- “you punched a youth, unknown to you, to the head while walking home following a night out”;

- “this was a random violent attack on a person in the street while walking home, who was not known to you. In addition, the person was under 18 years old, demonstrating your disregard for the age or capacity of your victim and also the location of your behaviour was likely able to be viewed by members of the public, if it were in the street, and this also could have exposed vulnerable people to harm”;

(c)

in relation to the Appellant’s 2000 caution, the decision letter stated, “whilst the context of your caution for using threatening behaviour is not known, the nature of the offence is considered to pose a risk of harm to a person and therefore potentially could be repeated to cause harm to a child if you were to engage in regulated activity with them”;

(d)

“you demonstrated a pattern of threatening and violent behaviour between 2000-2004, which escalated in severity and was repeated despite sanction. You received a caution for your first and second offences and this did not deter you from repeating extreme violent behaviour towards your then partner, resulting in significant injury, having fractured her cheek bone”.

(a)

“you have engaged in conduct which, if repeated against or in relation to a child, would endanger that child or be likely to endanger him or her”;

(b)

“if similar behaviour [to that leading to the Appellant’s cautions and conviction] were to be repeated in regulated activity with children, it is likely harm would be caused to a child”;

(c)

“the DBS has serious concerns that you pose an unacceptable risk of physical harm to children if you were to engage in regulated activity, as you may repeat violent behaviour”;

(d)

“it is acknowledged the date of the offences was 18+ years ago, the passage of time alone cannot be considered sufficient mitigation to the risk. It is also not known what drove your harmful behaviour, nor is there any assurance in the evidence that such behaviour would not be repeated again. You have not been deterred by police sanction and your harmful behaviour appears to have escalated in severity”;

(e)

“although police disclosure information has been released upon your current application for a role in regulated activity, this cannot be relied upon to be released in regard to all future applications you may make and prospective employers may choose to recruit you, regardless of such information…it is not considered that any current, robust safeguarding measures are in place to protect children from the risk you are considered to pose”.