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The allegations
The allegations
It was alleged by SH that around 10pm on 27 April 2020 at the Care Home DKS had emotionally abused resident DJ by shouting “You’re fucking disgusting, you’re fucking dirty, you’re a dirty bastard, fucking vile DJ” after DJ had covered himself and the walls in faeces, and when DJ shouted out, DKS put the duvet cover over DJ’s mouth, and that this resulted in DJ suffering emotional harm.
It was further alleged that DKS had, on multiple occasions, spoken abruptly to, and shouted at, other service users, including telling service users off for using their buzzers too often or for shouting out. It was said that this had the potential for service users to feel fearful of him.
- 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