JE v The Disclosure and Barring Service: [2024] UKUT 443 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge HHJ Oliver on 30 December 2024
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Judicial Summary
An experienced care assistant accepted that she had failed to follow the correct moving and handling support for a service user, who came to no harm by her actions. Held: the evidence of the only witness was unreliable and not credible on a material matter and so reliance on that evidence was a mistake of fact. Given that there was no other evidence available upon which the Disclosure and Barring Service could reach a decision if remitted, the Tribunal concluded that the Appellant’s name had to be removed from both lists.