[2024] UKUT 391 (AAC)

• On 25 May 2021 whilst you were the foster carer for [DM], aged 15, you failed to relieve the support worker and sit with DM in hospital when requested to do so in the morning following the support worker having stayed with DM overnight.

• On dates between 25 May 2021 and 12 August 2021 you continued to contact [DM], aged 15, despite having been requested not to for the wellbeing of DM following DM being removed from your care, where you shared information about the fostering investigation.

• On dates between 20 August 2020 and 24 May 2021, you woke [DM], aged 15, at 5.30am on mornings before school, bringing him to work with you and having him complete work/schoolwork prior to school, resulting in DM being tired and lethargic.

• On a date prior to 25 May 2021 you failed to dispose of medication which [DM], aged 15, no longer required, leaving remaining medication in DM’s possession who subsequently took an overdose of this which resulted in hospitalisation and his heart stopping for 4 seconds.

• On a date in 2018, you showed a pornographic image of oral sex that you had as your computer screen saver, showed an airgun and pellets in your drawer, and repeatedly asked 3 schoolgirls who were at your workplace on work experience personal questions including if they had a boyfriend.

"We are satisfied a barring decision is appropriate.

This is because we are of the view that the evidence in this case shows that whilst in your role as a foster carer you failed to place the needs of a child first by failing to understand and acknowledge the responsibilities of your foster carer role whilst DM was in hospital.

You also despite being requested to stop DM waking early on the morning is due to concerns over his mental and physical health failed to follow this request.

Following the removal of DM from your care, you failed to adhere to ad-vice/guidance given to you by continuing to contact DM despite having being [sic] requested not to for the wellbeing of DM, and within this contact shared and requested information with DM around the fostering investigation and of what your wishes for the outcome of this were to be, as well as showing a disregard towards requests to turn DM away if he were to visit you.

You also failed to appropriately manage medication which had gone past its prescription end date whilst DM was under your care, with this remaining in the possession of DM, who subsequently took an overdose of this which resulted in hospitalisation. These incidents have resulted in DM suffering emotional and physical harm.

There were also previous concerns that when three school age girls were on work experience with you that you showed a porno-graphic image of oral sex that you had as your computer screen saver to them, showed an air gun and pellets in your drawer to them, and repeatedly asked personal questions including if they had a boyfriend, resulting in the girls experiencing emotional harm as a result of this.

We have concerns that you failed to take responsibility for the reasons DM was removed from your care, and failed to appropriately respond and act on the guidance on more than one occasion, prioritising work and your own needs ahead of DM. There are also concerns that you continued to communicate with DM when requested not to, as well as asking and sharing information with him around the fostering investigation, and that you failed to appropriately manage the medication of DM. You were also unable or unwilling to maintain open and trans-parent communication with professionals, felt victimised by professionals, and showed a disregard for following advice and guidance. You have influenced DM into supporting your argument as to why he should be returned to your care, with you yourself gathering this information from DM when you should not have been having any contact with him and took this to DCST, with these behaviours dis-played to facilitate your objective of having DM returned to your care.

It is acknowledged that you recognised that you could have been more child focused, and that you met the health and educational needs of DM, and provided a safe and clean environment for him to live in. It is also recognised that following DM self harming you contacted out of hours, CAMHS, and had DM admitted to A&E. It is clear that you cared about DM and had a positive relationship with him. You had also requested support when feeling extremely fatigued to ensure DM was supported. You were also able to reflect and accept that you may not have adequately prioritised DM's emotional needs and well-being, and that more could have been done to support him, and that DM should have been your sole priority while he was in hospital.

However, given the repeated failure to respond and act on guidance given by professionals, displaying an attitude of being unwilling to follow guidance given by professionals, failing to prioritise the needs of a child under your care above your own needs, failing to appropriately secure/dispose of medication, feeling unsupported despite support being offered, being unable or unwilling to engage with and maintain open and transparent communication with professionals, and attempting to influence DM into supporting him being returned to your care, there is a concern that if you were to be in a position in regulated activity with children where you were responsible for providing care and repeated these behaviours, it is likely that this would place children who would be under your care at risk of emotional and/or physical harm, with it noted that there will be policies and procedures to follow in regulated Activity with children. Given the prioritising of your own needs, the negative manner you displayed in response to advice given to you by professionals, minimising the concerns of professionals, failing to understand the concerns raised by professionals and deflecting this on to professionals of a lack of support or understanding of your own personal needs, there are no assurances that you would not engage in similar harmful behaviours in the future.

We are therefore satisfied that it is appropriate to include you in the Children's Barred List.

... Having assessed all of the information available, we are satisfied that if you were to work in a regulated activity position with children, it is likely that you would failed to prioritise the needs of those under your care, be unable or unwilling to engage and follow advice/guidance given by professionals, and would attempt to influence those under your care in order to achieve your own objectives, placing children who will be under your care at risk of emotional and/or physical harm..."