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Barring Procedure
Barring Procedure
On 29 May 2021 the DBS wrote to GR notifying her of the referral -p.27-28. A minded to bar letter was sent to GR on 2 March 2022- pp30-34. The allegations of relevant conduct were that:
• on 2/11/20 she failed to follow strict policies and procedures which resulted in allowing J to use her mobile phone to listen to Spotify; gave her toys; purchased food for her using her own personal money; dropped food off for a family member with J in the car.
• On an unspecified dated prior to 14/4/21 while working at the Home and supporting N a resident aged approximately 16, took him to her house and supplied him with cannabis.
The letter states inter alia:
‘Between November 2020 and April 2021 there appears to have been an escalation of behaviour towards those children you cared for. The evidence we have shows that you acted irresponsibly and recklessly towards J and N. It is unknown if this behaviour has been addressed and therefore you pose a risk of being unable to follow policies and procedures in any job in regulated activity, resulting in the likelihood of repetition or physical and emotional harm in a regulated setting. It would be reasonable to conclude that the level of harm will be high if displayed towards them and therefore it may be appropriate to include your name in the CBL.’
In respect of the issue of transferability of her relevant conduct to inclusion on the ABL, it stated
‘Although your behaviour was demonstrated towards children it is likely that you will work with vulnerable adults and we have significant concerns that by being unable to follow policies and procedures this may transfer towards them. Therefore having considered the same concerns in relation to vulnerable adults it may be appropriate to include your name in the adults barred list.’
Submissions were invited from GR in writing. GR made written submissions on 19 April 2022. She denied the allegation of supplying cannabis stating that the date on which it was supposed to have happened was unclear, the report stated that the allegation could not be founded by evidence, no other staff members witnessed evidence of cannabis use by N and she has a 21 year unblemished record in the industry-p.75-78.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal of the Appellant
- The Background
- Barring Procedure
- The Respondent’s barring decision dated 29 April 2022
- Appellant’s Grounds of Appeal
- The evidence in the appeal
- The Appellant’s oral evidence
- Cross examination
- Law
- it is satisfied that the person has engaged in relevant conduct, and
- it is satisfied that it is appropriate to include the person in the list
- on any point of law
- If the [ Upper] Tribunal remits a matter to [DBS]6 under subsection (6)(b)–
- a. “on any point of law” (section 4(2)(a) of the Act)
- The parties’ submissions on the grounds of appeal
- Discussion: Findings of Fact and Analysis of grounds of appeal
- Ground 1
- Mistake of fact: second finding of relevant conduct – Finding 2
- Mistake of Law - Proportionality
- are they no more than are necessary to accomplish it?
- Conclusions