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“In consideration of your Article 8 rights the following has been considered
“In consideration of your Article 8 rights the following has been considered:
It is acknowledged that your inclusion in the Children and Adult’s Barred Lists would prevent you from pursuing your chosen career as a NHS Mental Health Nurse and impact future employment, volunteering and studying opportunities.
It is also acknowledged that you could experience some personal stigma from your inclusion that may impact on your wellbeing and that inclusion may have some financial implications for you.
However, any interference with your human rights must be balanced against the rights of vulnerable groups and, as it is believed you may pose a risk of exposing Children and Adult’s to significant harm, the DBS are satisfied that your inclusion in the Children and Adult’s Barred List is a necessary and proportionate safeguarding measure.”
- 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