AW v Disclosure and Barring Service: [2024] UKUT 258 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 27 August 2024
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Safeguarding Vulnerable Groups Act 2006 - appellant was care worker in home - worked night shift - appellant included in both barred lists on basis that appellant had, on one particular night, failed to provide personal care to two service users, and falsified care record - Upper Tribunal found, on review of all the evidence (including the appellant’s oral evidence at the Upper Tribunal hearing), that DBS had made material mistakes of fact, as, in one case, the appellant had provided personal care to the service user overnight and, in the other case, the service user had refused personal care from the appellant, as he had a pattern of doing, of which the management of the care home were well aware - and appellant had not falsified care record - appeal allowed - and, given that here was no other lawful decision DBS could make in the light of the facts as found by the Upper Tribunal, DBS was directed to remove appellant from both lists