[2024] UKUT 239 (AAC)

The DBS relied on written evidence from witnesses and notes or transcripts of interviews contained in the bundle of evidence it filed and served which contained 224 pages. It included all the evidence relied upon by the DBS in making the barring decision and in defending the appeal as well as the material provided by the Appellant.

The witnesses relied on by the DBS included those from the X Services, and colleagues or managers from the two Homes GR worked in together with the record of interviews conducted by her employer with GR and statements taken from her colleagues.

As we note, none of these witnesses on behalf of the DBS made formal witness statements containing statements of truth, nor gave oral evidence nor were cross examined – their evidence was therefore untested hearsay. This is a matter to take into account when considering the weight it is to be given and its reliability.

This was the evidence relied upon by the DBS in making the barring decision and in defending the appeal. The Appellant relied upon her written submissions and statements sent to the DBS and oral evidence given to the Tribunal together with her professional / character references.

The relevant evidence [with paragraph numbers and page numbers in square brackets] is referred to in the discussion section below. Therein, we make findings of fact and draw conclusions based upon it.