JO v Disclosure and Barring Service: [2023] UKUT 308 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jones on 12 July 2023.
Read the full decision in .
Judicial Summary
a) There were no mistakes of law in the Disclosure and Barring Service’s barring decision (to include the Appellant on the Adults Barred List).
b) There were mistakes by the DBS in some findings of fact which it made and on which the barring decision was based. There were no mistakes of fact on other findings upon which the decision was based and which did constitute relevant conduct. Specifically:
1) There was no mistake of fact in the DBS’s finding on allegation 1 that that on various occasions in her employment the Appellant made residents feel uncomfortable in their own home and talked to residents in an inappropriate manner by telling them to shut up. There was no mistake of fact in finding this constituted relevant conduct.
2) There was a mistake of fact in the parts of the DBS’s finding on allegation 1 that on various occasions in her employment the Appellant prevented residents from making choices about food or where they sat. These parts of the allegation were not established on the balance of probabilities.
3) There was a mistake of fact in the DBS’s finding on allegation 3 that the Appellant instructed carers not to give food or water to two residents who were receiving end of life care. This allegation was not established on the balance of probabilities.
c) For the purposes of section 4(6) of the Act, having found that DBS has made some mistakes of fact, the Upper Tribunal remitted the matter to DBS for a new decision based upon our findings. It must decide whether it is appropriate and proportionate to include the Appellant on the Adults’ Barred List in light of the findings of relevant conduct which we have upheld (parts of allegation 1).