MMN v Disclosure and Barring Service: [2024] UKUT 396 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 4 December 2024.
Read the full decision in .
Judicial Summary
Safeguarding Vulnerable Groups Act 2006 – appellant included in adults’ barred list – appellant was agency support worker on shift in house with two vulnerable adults – DBS made factual findings that appellant had neglected the vulnerable adults in various ways, bent a finger back of one of them, and removed a skin graft from him – based on all the evidence, the Upper Tribunal found no mistake in DBS’s “neglect” finding, but (by a majority) found mistakes in DBS’s “finger bending” and “skin graft” findings – Upper Tribunal also found that all the factual findings were material to DBS’s decision – appeal allowed as DBS made mistakes in material facts – matter remitted to DBS for fresh decision – direction that appellant be kept on the list pending the new decision.