[2025] UKUT 036 (AAC)

The core factual basis for the DBS’s decision was that SB had failed to follow safeguarding procedures on 10 August 2022 in that she had:

The DBS’s decision letter further explained the basis for its barring decision as follows:

“the evidence showed that it was in the service users care plan, as part of the risk assessment to prevent her from falling forward, to secure the commode and it's reasonable to suggest that you should have known to do this without instruction. You should have checked it was secure, and/or asked your colleague if it was secure before you moved away, and not assume your colleague had done it. Whilst you stated your colleague was the 'lead carer' you still had equal responsibility for the welfare of the service user.

Your comments that you didn't believe the service user was injured or in pain because she hadn't called out is not considered credible. You had worked with the service user for 3-4 weeks and was therefore aware that she was non-communicative and could not indicate her pain or injuries. Despite you seeing the bruising to her face you did not suggest to your colleague you seek medical attention nor did you get an ice pack to help with the swelling. You could not have known, at that point in time, the extent of any injuries caused and should have sought assistance to ensure there were no other more serious injuries which were not visible. It is therefore concerning that you stated you followed your colleagues lead despite having been trained on the appropriate course of action to take and the obvious need for the service user to receive further attention. You have therefore demonstrated a lack of insight into the harmfulness of your behaviour.

It's accepted that your colleague contacted the office following the incident, however it remains concerning that you did not correct your colleague and provide the true version of events, when the service user's daughter was told of an accident. You had already confirmed you had left the home without providing a clear account of the incident. You therefore failed to report it accurately to others. It is concerning that you have demonstrated an attitude that your behaviour was ok because you were following your colleagues lead, despite knowing this was incorrect.

It is accepted that you did not suffer from panic attacks or anxiety but it remains concerning that you admitted to panicking during the incident, despite receiving training on the correct course of action to take, and that this affected your behaviour; you confirm that you were in complete shock and automatically followed the instructions of your colleague. It's acknowledged that you have since undertaken work in a classroom since September 2022, however there is no evidence that you've encountered any similar situations and been able to demonstrate that you can react without panicking or that you can challenge poor practice when you witnesses it.

The DBS are concerned that your additional representations indicate that you have not accepted responsibility for your actions and have attempted to place all blame onto your colleague. This demonstrates a lack of insight/understanding into the need for you tospeak up against poor practices which may place vulnerable adults at risk. You had a responsibility to challenge your colleague, even if she was the 'lead' carer, when you knew what your colleague was doing was wrong, was harmful and was against policy and procedures. The DBS are concerned that you may not report harmful behaviour in regulated activity in the future, if you were subservient, or if you had established relationships/loyalties with colleagues who may perpetrate harmful behaviour.

As such the DBS are satisfied that you carried out neglectful behaviour which caused and had the potential to cause significant harm to a vulnerable adult - you ignored a service user's medical and physical care needs and failed to challenge your colleague's harmful behaviour.

It's acknowledged that you had worked in a care provision role for 6 years and that there had been no concerns about your behaviour during this time. However, given your most recent conduct the DBS are concerned that you don't have the right problem solving skills to deal with stressful situations which often occur within regulated activity. The DBS are satisfied that you failed to recognise the seriousness of the incident and the service user's potential injures despite your experience in care. The DBS are therefore satisfied that vulnerable adults placed in your care are in danger of being subjected to physical and emotional harm through your neglectful behaviour.

It's also concerning that you have failed to recognise the harmfulness of your behaviour and have focused only on the impact it has had on yourself and your future aspirations.

As such, the concerns the DBS had, have not been sufficiently mitigated and the DBS aren't assured that you would act differently in the future. The likelihood of you repeating your behaviour is therefore considered high, given you have already acted contrary to your training. The potential level of harm, if you repeated your behaviour, is significant and the DBS is satisfied your behaviour indicates the need to impose a preventative mechanism in order to protect vulnerable adults.

It's reasonable to consider that you could be presented with similar situations with children, you are therefore also considered to present a significant risk to children.”

The grounds on which permission to appeal was granted are as follows.