Heading

ANONYMITY ORDER
On 9 June 2022, the Upper Tribunal made the following order which remains in force:
“The disclosure of any matter likely to lead a member of the public to identify the service user referred to by the DBS in its letter to the Upper Tribunal of 12 May 2022 is prohibited.”
Any breach of the order is liable to be treated as a contempt of court which is punishable by up to two years imprisonment or an unlimited fine under s.25 of the Tribunals, Courts and Enforcement Act 2007.
AA
Appellant
- v –
DISCLOSURE AND BARRING SERVICE
Respondent
Before: Upper Tribunal Judge L. Joanne Smith
Tribunal Member Rachael Smith
Tribunal Member John Hutchinson
Decision date: 4 February 2025
Decided following an oral hearing which took place on 3 September 2024 at the Rolls Building, Royal Courts of Justice, London
Representation:
Appellant: Mr B. Odebo (lay representative)
Respondent: Ms K. Elliot of Counsel, instructed by DLA Piper LLP
DECISION
- Heading
- On appeal from the Disclosure and Barring Service (the “DBS”)
- Background to DBS involvement
- The barring decision
- Grounds of Appeal
- Approach of the Upper Tribunal
- The legislation
- The appeal provisions
- The Upper Tribunal’s “mistake of fact” jurisdiction
- The evidence before the Upper Tribunal
- Allegation 1: The Appellant stole £100 after entering an incorrect amount in the cashbook in relation to AO’s bank withdrawal on 11 April 2020 (finding amended following representations)
- The oral evidence
- Analysis of the evidence
- Allegation 2: Taking cashbooks relating to financial transactions for service users from [the workplace] supported living environment and damaged/tried to dispose of these records on 31/10/2020
- Oral evidence
- Analysis
- Allegation 3: Breach of the terms of a safeguarding suspension by ringing FOA, a staff member, at [the workplace] on Friday 30/10/20 and then attending the place of work on 31/10/20
- Oral evidence
- Analysis
- Conclusions
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