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Introduction
Introduction
This is an appeal by OS, a care assistant, against the decision (‘DBS’s decision’) of the Respondent (‘DBS’) dated 4 May 2023 to include him on both the adults’ barred list and the children’s barred list.
DBS’s decision arose out of an incident in which OS was involved when a service user fell out of bed whilst OS, together with a co-worker (who we call Kim), was providing personal care. However, the barring decision was not made because of the accident itself, but rather because of the attempted cover-up that followed.
We dismiss the Appellant’s appeal for the following reasons. All references to page numbers are to the printed pagination in the Upper Tribunal bundle rather than the electronic pdf page numbering.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Disclosure and Barring Service dated 4 May 2023 did not involve an error of law or material mistake of fact
- Introduction
- The Upper Tribunal oral hearing
- The legal framework
- The people involved in this case
- The DBS decision
- The grounds of appeal
- Our findings of fact
- Discussion of the ‘error of law’ grounds of appeal
- Discussion of the ‘mistake of fact’ grounds of appeal
- Conclusions