[2025] UKUT 008 (AAC)

Between:

OS

Appellant

- v -

Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge Wikeley, Mr Akinleye and Dr Stuart-Cole

Representation:

Appellant: Mr T Atanda of Tonda Chambers

Respondent: Mr A Serr of Counsel, instructed by DLA Piper UK LLP

On appeal from:

DBS ID number: P0005YYUFKB

Customer reference: 00986026873

Decision Date: 4 May 2023

RULE 14 Order

The Upper Tribunal has made an order prohibiting the disclosure or publication of the names of certain individuals or any matter likely to lead members of the public to identify those individuals or the care agency concerned; see pages 226-227 of the Upper Tribunal bundle for details of these orders.

SUMMARY OF DECISION

KEYWORD NAME (Keyword Number)

65.1 Safeguarding Vulnerable Groups – children’s barred list

65.2 Safeguarding Vulnerable Groups – adults’ barred list

Judicial summary

The Disclosure and Barring Service included the Appellant on both barred lists following an incident in which a service user fell from his bed to the floor while the Appellant and a co-worker were providing personal care. The DBS made the barring decisions not because of the fall itself but rather for the attempted cover-up through repeated failures to report and record the incident. The Upper Tribunal dismissed the Appellant’s appeal, holding that there was no error of law or material mistake of fact in the DBS’s decision.

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