[2025] UKUT 221 (AAC)

“on an un-specified date, you failed to follow reporting procedures after noticing a

“DBS are … satisfied that on the waking nightshift of the 7th November 2020, you had shut the office door of [redacted] to read your book, even after you were aware that a young service user had left their room to go to the toilet and through your own initial admission, did not check that the service user was safely back into their room over fears that you would have to read the service user a book”;

“This apparent negligence resulted in two young boys with documented sexualised behaviours and complex needs being left alone in a bedroom, resulting in them both being naked and both alleging sexual assault, which caused significant emotional and physical harm”;

“your version of events in your … representations are dramatically different to the version you gave in the internal investigation, which have been presented to the DBS as being signed by yourself and the witnesses present, however there is still no evidence or documentation that suggest you carried out hourly checks and in your representations you also state that it was impossible for you to oversee all the rooms and floors of the building due to your chores, such as cleaning and therefore concerns remain in your apparent irresponsible and reckless behaviour.”;

“It is acknowledged that your shift patterns meant that you could not carryout an induction to [Home 2] and this could account for you being unable to access the children’s care plans which would have highlighted the sexualised behaviours on record. However, it would be considered appropriate to any experienced support worker that after previously witnessing concerning behaviour between YP1 and YP2, the care plans of both would be sought. There is no evidence to suggest that you attempted to obtain the children’s care plans at any point.”;

“Consideration is also given to your representations in which you state that if you were unaware of the high risk behaviours and felt aggrieved that you were placed in that position and would not have worked there if you had been aware, however it is well documented that is a five bedroom children's home that meets the needs of young people who have behavioural, emotional and social difficulties between the ages of 7 – 18. Therefore it does not seem plausible that you were unaware that the service users could display challenging behaviours and why it was your duty to report the previous incident you witnessed when YP2 attempted to get into YP1's bedroom.”;

in relation to Finding 3, “it is acknowledged that you were on handover at the time and you assumed a colleague would report the incident, however it is your duty to report such incidents and there is no evidence that you reported the incident nor did you follow up to ensure it had been recorded correctly.”

DBS’ decision letter also stated: