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Factual background
Factual background
The agreed facts
The agreed facts are that in 2020 DKS was working as a Senior Carer at a care home with 29 single bedrooms catering for residents with a variety of support needs including in relation to dementia, mobility and incontinence (the “Care Home”).
During the night shift of 27-8 April 2020, DKS was on duty as Senior Carer with colleagues SH and KG as Carer Assistants.
DJ was a resident at the Care Home at the relevant time. He suffered from dementia and required support with incontinence. DJ has since died.
On 5 May 2020 SH made allegations to her manager, MS, that DKS had ill-treated patients (see paragraphs 10-11 below).
DKS’s employer suspended DKS from duty on 6 May 2020 pending the outcome of an internal disciplinary investigation into the allegations, all of which DKS denied.
On 26 May 2020 DKS attended voluntarily for interview by the police in connection with the allegations, which he denied.
DKS was dismissed by his employer on 1 July 2020 on the basis that it found the allegations against him to be established. The decision to dismiss DKS was challenged and reconsidered but confirmed on 3 August 2020.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Disclosure and Barring Service was not based on any mistake of fact and did not involve any mistake on any point of law
- Introduction
- Factual background
- The allegations
- DKS’s Written Representations
- The Barring Decision
- The criminal proceedings
- The ‘relevant conduct’ gateway
- The Upper Tribunal’s jurisdiction under the SVGA
- The relevant authorities
- The grounds of appeal and the parties’ submissions
- The evidence at the hearing before the Upper Tribunal
- Analysis
- Conclusions