Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 270 (AAC)

Fecha: 14-Jun-2024

JI’s arguments on the appeal

JI’s arguments on the appeal

10.

In addition to her evidence, as summarised above, JI’s arguments in the appeal included that:

JI had raised concerns over the integrity of the school’s investigation; there was an “air of fatigue” with RI on the part of her school colleagues; reduced weight should be given to evidence of other staff members

JI has had greater insight into her actions over time; this should not be seen as damaging her credibility

JI denied using anything to block PK into the highchair (though she had used blocks to “secure” highchair on other occasions)

In arguing that DBS’s decision was disproportionate, JI made points relating to

(i)

the future risk JI posed to children

(ii)

barring being a method of last resort

(iii)

it being four years since the incident occurred

(iv)

no harm having been caused to PK

(v)

the character references in the bundle

(vi)

the fact that JI had insomnia and anxiety at the time

(vii)

the therapy JI underwent after the incident, and the insight she now has (and the effect of these on risk of repetition)

(viii)

the fact that barring prevents JI from following her career of choice.

11.

JI noted that DBS’s “barring decision process” document stated that the evidence suggested that JI’s actions were an attempt to punish PK for her challenging behaviour; and that JI spoke to PK in a callous manner.