[2025] UKUT 304 (AAC)

Behaviour

Paragraph 9

This paragraph applies to a person if–

it appears to DBS that the person—

DBS proposes to include him in the adults’ barred list.

DBS must give the person the opportunity to make representations as to why he should not be included in the adults’ barred list.

DBS must include the person in the adults’ barred list if–

it is satisfied that the person has engaged in relevant conduct,

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

it is satisfied that it is appropriate to include the person in the list.

Paragraph 10

For the purposes of paragraph 9 relevant conduct is–

conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;

conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;

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

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;

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

A person’s conduct endangers a vulnerable adult if he–

harms a vulnerable adult,

causes a vulnerable adult to be harmed,

puts a vulnerable adult at risk of harm,

attempts to harm a vulnerable adult, or

incites another to harm a vulnerable adult.

‘Sexual material relating to children’ means–

indecent images of children, or

material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.

‘Image’ means an image produced by any means, whether of a real or imaginary subject.

A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.

For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.