![[2025] UKUT 030 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Introduction
Introduction
This case concerns allegations that DKS, while working as a Senior Carer in a care home, abused elderly residents he was supposed to be caring for. The DBS found the allegations to be true and placed DKS’s name on the Adults’ Barred List to prevent him from working in regulated activity with vulnerable adults.
DKS appeals against that decision. He bases his appeal on two arguments:
the DBS made its decision prematurely, because the allegations against DKS were the subject of criminal proceedings. This meant that:
further evidence was liable to be disclosed in the criminal trial which could assist DKS’s case against barring;
DKS had to be exceptionally circumspect in making his representations against barring for fear of prejudicing his position in the criminal proceedings, depriving him of an effective opportunity to challenge the allegations against him; and
while the DBS made its findings based on a review of paper evidence only, in the criminal trial the evidence of the witnesses would be tested rigorously under cross-examination.
He didn’t do it.
- 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