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I held an oral hearing of this appeal on 25 th April 2013. The appellant attended in person and was represented by Ms Eleena Misra of counsel acting for the Bar Pro Bono Unit (who did not appear below), The Secretary of State was represented by Ms Kate Olley of counsel, instructed by the Treasury Solicitor. The relevant Secretary of State has had various designations during the lengthy course of these proceedings but in this decision I simply refer to the �Secretary of State�.
I have not set out the relevant legislation in this decision because nothing turns on its interpretation or application and it has been summarised by the First-tier Tribunal. In essence a person can be prohibited from working with children and/or in education and/or with vulnerable people if he is unsuitable because of misconduct or on certain other grounds.
The appellant also received a harassment warning in respect of an incident on 4 th November 2004. The victim had accused the appellant of following and threatening her because he believed that she had got him the sack from a hospital following an allegation that he had assaulted one of the patients. The appellant told the First-tier Tribunal that he had indeed been served with such a notice but although he had been talking to the person in question he did not believe that this was harassment.
There was an incident involving the appellant and his children on 2 nd July 2007 and a letter of 12 th November 2007 from a police lawyer (page 177 of the hearing bundle) gives the following account:
Of course, this lawyer was not a direct witness but this account was based on the crime report and was essentially the same as that given in oral evidence to the First-tier Tribunal by the police child protection officer who had interviewed the children together with somebody from the Social Services Department. She told the tribunal that the children had been consistent in their stories and she gave further details about conversations with the children�s mother.
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