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The criminal proceedings
The criminal proceedings
DKS attended a trial at Leeds Crown Court on a single count of ill treatment of an individual by a care worker contrary to Section 20(1) and (2) of the Criminal Justice and Courts Act 2015, namely that between the 26th day of April 2020 and the 3rd day of May 2020, then having care of [DJ], by virtue of being a care worker, ill-treated him.
On arraignment, KDS pleaded ‘Not Guilty’. At trial DKS and colleagues SH, KG and MS gave evidence, as did three police officers involved in the case. They each had their evidence tested under cross-examination.
At the conclusion of the trial DKS was acquitted by the jury.
Legal framework
The statutory scheme
There are multiple gateways under Schedule 3 to the SVGA to a person’s name being included on a barred list.
- 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