[2025] UKUT 008 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 008 (AAC)

Fecha: 02-Dic-2024

The DBS decision

The DBS decision

11.

In its decision letter, the DBS found the following allegations to be made out on the balance of probabilities (for convenience we have numbered the various allegations):

On 5 June 2022 in your role as a senior carer … and having provided personal care with a colleague [Kim] to [Edward], an 80 year old adult service user suffering with cancer of the prostate, multiple bone metastasis of the spine and sacrum; and having an internal pacemaker and defibrillator due to heart disease, you

(allegation 1) assisted in lifting [Edward] from the floor following a fall contrary to moving and handling guidelines;

(allegation 2) did not seek medical attention for [Edward] following the fall in which [Edward] sustained bruises on his left arm and right foot;

(allegation 3) did not report the fall in line with the company's incident reporting processes;

(allegation 4) did not disclose that service user [Edward] had fallen when asked by [Edward]'s next of kin why the fall had not been reported;

(allegation 5) did not disclose in a timely manner to the manager on call about the circumstances leading to [Edward]'s injury;

(allegation 6) did not accurately record information in [Edward]’s file;

(allegation 7) asked colleague [Kim] who was working with him at the time of the fall to deny the fall had occurred in order to protect your work visa.

12.

Next, we summarise the grounds of appeal.