[2024] UKUT 286 (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 225 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 Employer, and colleagues or managers from the care home JLA worked in at the relevant time together with the record of interviews conducted by the Employer with JLA and statements taken from her colleagues.

As we note below, none of the 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 its reliability and the weight it is to be given.

The Appellant relied upon her written submissions and notice of appeal sent to the DBS and oral evidence given to the Tribunal as well as the interviews she had with the Employer.

It goes without saying that all subsequent written and oral evidence of the Appellant was not available to the DBS when making its barring decision.

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.