[2025] UKUT 030 (AAC)

In its ‘Final Decision Letter’ dated 18 September 2021 the DBS informed DKS that it had considered representations made on his behalf by Blackfords LLP, but had nonetheless decided that it was appropriate and proportionate to place his name on the adults’ barred list (the “Barring Decision”). It made the Barring Decision because it was satisfied that DKS had been engaged in ‘regulated activity’ because he had been employed as a senior care assistant. It found that DKS had also engaged in ‘relevant conduct’ in relation to a vulnerable adult. This was because it was satisfied on the balance of probabilities that:

“On 27 April 2020, [DKS] shouted and swore at service user DJ and covered his mouth with a duvet cover.

On various occasions, [DKS] shouted at or spoke abruptly to service users DJ and DA and VP and on occasions told service users they use the buzzer too much” (see page 199 of the appeal bundle)

The DBS explained its findings further as follows:

“It is considered that [DKS has] intentionally abused DJ by shouting “You’re fucking disgusting, you’re fucking dirty, you’re a dirty bastard, fucking vile D” after DJ had covered himself and the walls in faeces. When DK shouted out, [DKS] put the duvet over DJ’s mouth.

It is reasonable to conclude that DK would have suffered emotional harm being shouted at and called names by a member of staff who was employed to provide care. It is accepted that the duvet was placed over DJ’s mouth for a few seconds due to DJ shouting out and there is no evidence it was held down by [DKS] in an attempt to restrict his breathing, however this was an entirely inappropriate response and would have likely caused additional distress.”

We are also of the view that [DKS has] spoken abruptly and shouted at other service users. In particular, [DKS] told service users off for using the buzzers too often or for shouting out. [DKS’s] actions have the potential for service users to feel fearful of [him] and one service user told a staff member that they were unhappy when [DKS] was on duty” (see page 200 of the appeal bundle).