[2025] UKUT 030 (AAC)

Between:

DKS

Appellant

- v -

THE DISCLOSURE AND BARRING SERVICE

Respondent

Before: Upper Tribunal Judge Church with Tribunal Members Stuart-Cole and Turner

Mode of hearing: Remote oral hearing by CVP

Representation:

Appellant: Mr Justin Hugheston-Roberts of counsel, instructed by Blackfords LLP

Respondent: Mr Tim Wilkinson, instructed by Ms EdithHolt of the DBS’s legal department

On appeal from: The Disclosure and Barring Service

Case No: 00934543671

Decision Date: 28 September 2021

RULE 14 Order

Pursuant to rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, it is prohibited for any person to disclose or publish any matter likely to lead members of the public to identify the appellant in these proceedings. This order does not apply to: (a) the appellant; (b) any person to whom the appellant discloses such a matter or who learns of it through publication by the appellant; or (c) any person exercising statutory (including judicial) functions where knowledge of the matter is reasonably necessary for the proper exercise of the functions.

SUMMARY OF DECISION

SAFEGUARDING VULNERABLE GROUPS (65) Adults’ Barred List (65.2)

Judicial summary

This appeal is mainly about whether the DBS made a mistake of fact in finding that DKS had, while working as a Senior Carer at a care home, shouted and sworn at a resident who had soiled himself, and in finding that DKS had shouted at or spoken abruptly to, other residents and told residents that they use their buzzers too much.

It also raises an issue about whether the DBS made a mistake of law by failing to await the outcome of criminal proceedings arising out of the same allegations before making a final decision to place DKS’s name on the Adults’ Barred List.

We decide that the DBS’s decision involved no material mistake of fact or law and dismiss the appeal.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION