[2025] UKUT 040 (AAC)

Between:

KH

Appellant

- v -

Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge Citron, Ms Heggie and Ms Smith

Hearing venue: Manchester CJC

Representation:

Appellant: did not attend and was not represented

Respondent: by Ashley Serr of counsel, instructed by DLA Piper UK LLP

The Upper Tribunal has made orders prohibiting the disclosure or publication of certain names and matters or information relating to the proceedings – see page 126-129 of the Upper Tribunal bundle

SUMMARY OF DECISION

SAFEGUARDING VULNERABLE GROUPS (65.2)

Appellant included in adults’ barred list – appellant was care worker for domiciliary home care organisation – DBS made factual findings that appellant had on certain occasions in 2022 not worn full PPE clothing, discussed themes of a sexual nature with a vulnerable adult service user, and spoken to another vulnerable adult service user in an inappropriate manner – no oral evidence before Upper Tribunal, as appellant did not attend hearing – on evidence before it, Upper Tribunal found no mistake in DBS’s findings – and no mistake on a point of law – appeal dismissed

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the Upper Tribunal follow.

DECISION