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The Respondent’s barring decision dated 29 April 2022
The Respondent’s barring decision dated 29 April 2022
The Final Decision Letter from the Respondent dated 29 April 2022 notified the Appellant that it was including her on the Children’s and Adults’ Barred Lists p.91-96. The allegations of relevant conduct were both found proven.
The two findings of relevant conduct made by the DBS are as summarised above and specifically:
On 02 November 2020 whilst working at X supporting J, a resident, you failed to follow strict policies and procedures which resulted in allowing J to use your own personal mobile phone to listen to Spotify; gave her toys, purchased food for her using your own personal money and dropped food off for a family member with J in your car (“Finding 1”).
On an unspecified date prior to 14 April 2021, whilst working at X and supporting N a resident aged approximately 16, you took him to your home and supplied him with cannabis which he smoked (“Finding 2”).
The DBS went on to conclude GR’s conduct amounted to relevant conduct within the meaning of the Act, and that, in all the circumstances, it was appropriate and proportionate to include her on the Children’s and Adults’ Barred Lists.
On 21 July 2022 GR appealed the barring decision to the Upper Tribunal.
By a decision made on 9 January 2024 and promulgated on 23 January 2024, the UT granted permission to appeal. The basis for the grant of permission was that based on what GR told the UT at the oral permission hearing (‘OPH’), it was arguable that the DBS had in fact made mistakes of fact in concluding that she had committed the alleged relevant conduct towards service users J and N.
- 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