[2024] UKUT 379 (AAC)

In respect of the 2007 allegation (which concerned sexualised conduct), the DBS did not ask the police for any underlying evidence or information from the care home or concerning documentation supplied by them to the police. They did not ask for any underlying statements or police reports. The Appellant was able to obtain this report (after the DBS decision was made) and so the DBS should have done so as it was made clear on the face of the information supplied by Hampshire Police that it held the internal report in its possession by reading the police log. The DBS action on this point was not therefore fair, consistent, and thorough.

The DBS did not seek to ask for the underlying evidence held by the police but relied upon their summaries or crime reports when such evidence could have been requested and/or disclosed by the police in respect of the 2013 and 2018 allegations.

The DBS should, given the paucity of information from the police, have sought further information from the relevant care homes in respect of the allegations of sexual misconduct in 2013 and 2018. The care homes could have been compelled to provide this evidence under s42 of the SGVA 2006.