at Home 2, no one ever told him that young people in his care displayed sexualised behaviour
at Home 2, no one ever told him that young people in his care displayed sexualised behaviour;
he had only worked at Home 2 on four or five occasions and recalls that, each time, he asked to see the young people’s care plans but was told they were locked away but “there were no specific areas of concern with regard to heightened risk factors”;
he was never told by LW, Home 2’s manager, that he needed to be in the office on the middle floor with the door open. When LW put this to him in interview, he categorically denied it yet his denials were omitted from LW’s record of the interview. He was not given any opportunity to agree the interview note and did not see it before his bank status was terminated;
he did not close the office door at Home 2 to read a book. He did so because the home had a ‘no light on the floor’ policy to minimise sleep disruption, which was also why staff were also encouraged not to engage with young people at night;
having reflected on events, the Appellant accepts that, although he requested care plans, he should not have passively accepted it when they were not provided. In future, he would insist on their provision.
- Heading
- Upper Tribunal Judge Mitchell
- Judicial summary
- Factual background
- Allegations 2 and 3 – failing to support young people in line with care plans and failure to follow safeguarding procedures (night of 6/7 November 2020), and prior failure to report a safeguarding con
- under the heading “ SS [social worker from placing local authority] questioned the processes in place to ensure bank staff members were fully informed of young people’s individual needs and care plans
- DBS’ decision making
- Representations against barring
- there were inaccuracies in the record of the ‘informal conversation’ with the manager of Home 2
- at Home 1, the Appellant was allowed to use the lounge at night because the office was very cold
- the LADO’s recommendations for increased safety measures at Home 2 supported the Appellant’s version of events
- DBS’ decision
- Incident at Home 1 (Finding 1)
- Incidents at Home 2 (Findings 2 and 3)
- “on an un-specified date, you failed to follow reporting procedures after noticing a
- “you have engaged in conduct which harmed or could harm children and vulnerable adults”
- “In consideration of your Article 8 rights the following has been considered
- Legal framework
- Grounds of appeal and the parties’ arguments
- DBS’ barring decision making process document (BDMP) contained “no evidential analysis”
- there is no limit to the form that a mistake of fact may take including an incomplete finding or omission or an inferential finding such as a person’s state of mind (intentions, motives, beliefs): see
- Appellant’s witness statement
- at Home 2, no one ever told him that young people in his care displayed sexualised behaviour
- Appellant’s oral evidence: examination-in-chief
- Appellant’s oral evidence: re-examination
- Closing submissions
- DBS
- any mistake of fact must be material to the barring decision
- Closing submissions
- Analysis
- Findings 2 and 3
- Finding 2
- failing to make records of activities during the night shift (BDMP document)
- Finding 3
- Conclusions
![[2025] UKUT 221 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)