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DBS’ decision
DBS’ decision
On 31 December 2021, the DBS decided to include the Appellant on the list of persons barred from working with children and the list of persons barred from working with vulnerable adults.
- 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