[2024] UKUT 286 (AAC)

The Final Decision letter [139] states that, upon consideration of all the available information, the DBS was satisfied that:

“On 18 September 2022 you failed to contact the District Nurse Team and report that a service user ([X], aged 78) had cut her catheter tube as per care plan guidance, and following the service user reporting that she felt like her bladder was burning and was in pain, you failed to take any action in response to this concern.

On a date leading up to 6 July 2021 you breached PPE policy by removing your facemask to take a photo with a visitor outside of the home.”

The DBS concluded that both of these findings amounted to “relevant conduct” within the meaning of the Act which “endangered a vulnerable adult or was likely to endanger a vulnerable adult”. The allegations of relevant conduct were both found proven.

The DBS also explained why it was satisfied that in all the circumstances a barring decision - to include her on the Adults’ Barred List - was appropriate and proportionate [139]. The Appellant did not exercise her right to ask DBS to review its decision.