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The DBS decision under appeal
The DBS decision under appeal
The DBS made the barring decision based only on the documentary evidence. As is its wont, it did not hear live evidence either from the Appellant herself or from any other witness.
In its final decision letter, the DBS found the following composite allegation to be made out on the balance of probabilities:
You neglected the care and wellbeing of vulnerable adult Mr N by knowingly restricting his movement by way of blocking his bedroom door to prevent access to the lounge, enabling you to intentionally sleep on duty.
Having considered this, DBS is satisfied you engaged in relevant conduct in relation to vulnerable adults. This is because you have engaged in conduct which endangered a vulnerable adult or was likely to endanger a vulnerable adult.
…
We are satisfied a barring decision is appropriate. This is because DBS are satisfied you neglected the care and wellbeing of vulnerable adult Mr N by knowingly restricting his movement by way of blocking his bedroom door to prevent access to the lounge, enabling you to intentionally sleep on duty. Despite the service user having a detailed care plan, highlighting his vulnerabilities and the high level of support he required due to the risks he faced because of his needs, you neglected to take this into account, and instead chose to lock him in his bedroom by way of placing a chair under the door handle so he could not leave, which enabled you to sleep on duty, undisturbed, sitting in a chair and putting a coat over your head.
Next, we summarise the grounds of appeal.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The First-tier Tribunal made mistakes in the findings of fact on which its decision was based. Pursuant to Section 4(6)(a) of the Safeguardin
- Introduction
- The two Upper Tribunal oral hearings
- The statutory framework
- The case law authorities
- The people involved in this case
- The factual background
- The DBS decision under appeal
- The Appellant’s grounds of appeal
- The contemporaneous documentary evidence in this case
- The oral evidence in this case
- The Appellant’s oral evidence
- Mr O’s oral evidence
- The Upper Tribunal’s findings of fact
- Conclusions