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
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”, state:
“When new bank staff come in, a verbal handover is given, and documents provided with details about all the children such as their risk assessments and support plans. Staff must read and sign to confirm they have read all of this paperwork.
Day staff provide night staff with updates every day to let them know if anything has occurred which requires visual observations to take place throughout the night (this only happens when incidents or behaviours have occurred to warrant it to avoid institutionalising the children unnecessarily)…both [YP1] and [YP2] have presented with self-harming behaviours and used ligatures; LW confirms that all staff are aware of this, but again adds that nightly visual checks would usually only be completed if there were presenting as unsettled or dysregulated.”;
under the heading “[LADO / Chair] questioned the expectation placed on waking night staff members in terms of their duties during shift”:
“…cleaning duties were increased in response to COVID-19, but as they arrived at 9:30pm and Day Staff don’t finish until 10pm, this should have taken place whilst other employees were still present. They were then expected to work in the staff office located on the same landing on the boys’ bedrooms, with the door open at all times so they could see every bedroom and hear anything going on. They would have been expected to carry out any necessary paperwork, training or other office-based activities. Some would bring in their own coursework or research projects to complete. If a young person woke up distressed or was struggling to sleep, Waking Night staff would settle them.”;
state, “there is evidence that this staff member had not read and signed this paperwork even though he knows he should have. This is being investigated”.
- 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
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