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Lack of Time Challenge
Lack of Time Challenge
Mr Reichhold also contended that the Lack of Time Challenge appears to be a new argument, raised in the Grounds for the first time.
He submitted that the DBS made no material mistake of fact. The evidence indicates that, in reality, the Appellant would have had sufficient time to read X’s care plan. Any suggestion to the contrary is improbable. Reading a service user’s care plan is, surely, an essential part of the role that the Appellant was entrusted to carry out. It is mentioned, expressly, and in several prominent places in the job description document (including the very first bullet point setting out the “purpose” of the role and as a key part of the “main objective”) [60]. Indeed, the Appellant’s responsibility went further than merely reading plans, she was expected to ensure they were regularly reviewed [60].
- Heading
- The decision of the Upper Tribunal is to allow the appeal of the Appellant
- Rule 14 Anonymity Orders and directions
- The Background
- The Barring Process
- Findings of Relevant Conduct
- The Final Decision Letter
- Appellant’s Grounds of Appeal
- The evidence in the appeal
- The Appellant’s oral evidence
- 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] under subsection (6)(b)–
- a. “on any point of law” (section 4(2)(a) of the Act)
- remit the matter to DBS for a new decision
- DBS’s submissions
- No material mistake of fact
- Insufficient Interest Challenge
- Acted on Advice Challenge
- Lack of Training Challenge
- Lack of Time Challenge
- Other matters
- No mistake of law
- 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