51茶馆

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Judicial Summary

SAFEGUARDING VULNERABLE GROUPS (65)

The appellant was included by the Disclosure and Barring Service (DBS) on the children鈥檚 barred list pursuant to paragraph 3 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (SVGA 2006) because he had 鈥渁ttempted to pay for, downloaded and viewed indecent images of children鈥�. Since the decision, the appellant had been convicted of an offence of possession of indecent images of children so that his case would, if it had been considered by DBS at that stage, have fallen under the 鈥榓uto-barring with representations鈥� provisions in paragraph 2 of Schedule 3. The Upper Tribunal decided that the conviction made no difference to the basis of the appeal which remained against DBS鈥檚 original decision. The Upper Tribunal decided that there were minor errors of fact in DBS鈥檚 decision largely as a result of failure properly to take into account the implications of the appellant鈥檚 diagnosis of Autism Spectrum Disorder. However, the errors were not material. The Upper Tribunal decided there were no mistakes of fact or law in the decision and the appeal was dismissed.