[2024] UKUT 052 (AAC)

This is an appeal by the Appellant against the decision by the Respondent (‘the DBS’) dated 21 September 2022 to include her on the adults’ barred list. Originally the Appellant had also been included on the children’s barred list, but her name was subsequently removed from that list with effect from 14 July 2023.

DBS’s decision arose out of an incident that occurred on the night shift in a care home for individuals with severe autism and other serious disabilities. In short, the DBS case was that the Appellant, by her acts or omissions, had neglected one particular and highly vulnerable resident, in particular, by wedging a chair against his bedroom door so that he could not come out into the lounge. The Appellant’s case was that the DBS’s decision was fundamentally flawed and based on a series of mistakes as to the material facts (as well as being made in error of law). We allow the Appellant’s appeal for the following reasons.