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The Barring Decision
The Barring Decision
On 16 March 2023, the DBS decided to include AA in the Adults’ Barred List and the Childrens’ Barred List on the basis of having made the following findings of relevant conduct:
Between 11 September 2021 and 04 October 2021, you, employed as a Scheme Leader, failed to seek medical advice for a change in the behaviour of JL, a vulnerable adult in your care. You delayed adding documentation to CMS until 29 September 2021, which delayed the diagnosis and treatment of JL’s thrush; and
On 12 December 2021, you were on-call and advised LB, a staff member, to leave the premises even though the agency staff was refusing to stay alone and this would leave the service unstaffed.
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal and REMIT the matter to the Disclosure and Barring Service for a new decision
- A summary of the factual background
- The Barring Decision
- Appeal grounds
- The Upper Tribunal substantive oral hearing
- The legal framework for Barring Decisions
- AA’s oral evidence
- Assessing the Appellant’s oral evidence
- Mistake of fact argument: Allegation 1
- Did AA fail to seek medical assistance for a change in the behaviour of JL between 11 September 2021 and 04 October 2021?
- Did AA fail to upload documentation onto CMS before 29 September 2021, delaying the diagnosis and treatment of JL’s thrush?
- Mistake of fact argument: allegation 2
- Were mistakes of fact made by the DBS ones on which the Barring Decision was based?
- The error of law arguments
- Conclusions