[2025] UKUT 117 (AAC)

The appellant in this case was included on the adults’ barred list using DBS’s powers in paragraph 9 of Schedule 3.

Under those paragraphs, subject to the right to make representations, DBS must include a person on the list if three conditions are satisfied:-

First, the person must have engaged in “relevant conduct” (paragraph 9(3)(a)) which, in summary and in so far as relevant to the present appeal, means conduct which endangers or is likely to endanger a vulnerable adult (paragraph 9 and 10(1)(a)) or conduct which, if repeated against a vulnerable adult, would endanger or be likely to endanger them (paragraph 10(1)(b)).

Secondly, the person must have been or might in future be engaged in regulated activity in relation to adults (paragraph 9(3)(aa)).

Thirdly, DBS must be satisfied that it is appropriate to include the person in the relevant list (paragraph 9(3)(b)).