As a regulated activity provider and a personnel supplier, the University has a legal duty to refer people to the Disclosure and Barring Service for a barring decision when both of the following conditions are met: 

Condition 1 

• The University has withdrawn permission for a person to engage in regulated activity with children and/or vulnerable adults.  Or the person has been moved to another area of work that isn’t regulated activity. 

(This includes situations when the University would have taken the above action, but the person was re-deployed, resigned, retired, or left the University)

Condition 2 

The University thinks the person has carried out one of the following: 

• engaged in relevant conduct in relation to children and/or adults.  An action or inaction has harmed a child or vulnerable adult or put them at risk or harm or; 

• satisfied the harm test in relation to children and / or vulnerable adults eg there has been no relevant conduct but a risk of harm to a child or vulnerable still exists; or 
• been cautioned or convicted of a relevant (automatic barring either with or without the right to make representations) offence. 

Relevant conduct  

Relevant conduct is conduct that:  

1. endangers a child/vulnerable adult or is likely to endanger a child or vulnerable adult; 
2. if repeated against or in relation to a child/vulnerable adult would endanger that child/vulnerable adult or would be likely to endanger them; 
3. involves sexual material relating to children (including possession of such material); 
4. conduct involving sexually explicit images depicting violence against human beings (including possession of such images) 
5. conduct of a sexual nature involving a child or vulnerable adult. 

A person’s conduct endangers a child or vulnerable adult if they: 

1. harm a child or vulnerable adult; 
2. cause a child or vulnerable adult to be harmed; 
3. put a child or vulnerable adult at risk of harm; 
4. attempt to harm a child or vulnerable adult; or 
5. incites another to harm a child or vulnerable adult 

The University will make a referral irrespective of whether any other organisation (eg a regulatory body, HSC organisation/employer) has made a referral based on the same set of circumstances.