JW v Disclosure and Barring Service: [2024] UKUT 250 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 29 August 2024
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Judicial Summary
Safeguarding Vulnerable Groups Act 2006 - appellant was care worker in home - waking night shift - included in both barred lists after incident involving the appellant holding a vulnerable adult’s door closed (preventing her from leaving the room) and then commenting adversely on her behaviour - issue identified on grant of permission was whether important and relevant context had been omitted from Disclosure and Barring Service’s (DBS) findings - Held: there was a state of management dysfunction at the home as regards the vulnerable adult in question and this was relevant and important context - DBS had made mistake of fact and/or mistake of law - appeal allowed - matter remitted to DBS for new decision based on facts found by tribunal - appellant to remain included in lists pending new decision