[2025] UKUT 117 (AAC)

We are satisfied a barring decision is appropriate. This is because following consideration of representations submitted by yourself, alongside the evidence in this case, the DBS remains concerned that you demonstrated poor problem solving and coping skills in relation to being able to protect your children and as a result they have been exposed to neglect, emotional and potentially physical harm, these concerns persisted with evidence of issues in 2016 and again in 2020 and 2022, when although the local authority stated that you had taken some positive steps in regard to recognising domestically abusive relationships; with evidence indicating that more recently you obtained a non-molestation order in regard to an ex-partner and had made Clare's law application in regard to putative fathers of her unborn child, these were insufficient to lower the significant concerns held by professionals involved in the matters relating to child protection. The evidence indicates that there was a negative parenting assessment in 2016 and it is stated that you did not believe you could care for your baby on your own. Whilst concerns remained in 2021 you are reported to have demonstrated insight into why your previous child was removed and had a willingness to work with professionals to keep your baby and look after them as a single parent and whilst your unborn child was placed on a Child Protection Plan it was considered them remaining in your care may have been achievable, however the baby was removed following birth and has subsequently been adopted under a court order, due to the persisting concerns that remained regarding you being able to meet your child's needs.

There are some concerns that you were unable to prioritise the needs of your child over your own need to be in a relationship with the child's father, who was abusive and that concerns persist. It is acknowledged that you were also a victim of the abuse, but despite support you chose to remain in a relationship that placed your child at significant risk of harm. There is evidence that you cared for your unborn child, preparing for their arrival and wanting to work with professionals to keep the child with you and raise them on your own, so whilst there are concerns regarding a lack of empathy, the evidence indicates that you cared for your children and a lack of empathy is not considered to be a causal factor to the behaviour, which is better explained in poor problem solving and coping skills.

The evidence in this case indicates there were no concerns regarding home conditions in 2021/22 and you had previously been working with vulnerable adults in a care home for the elderly, although the DBS has no further information in regard to this role, you have not previously come to the attention of the DBS. At the time of the assessment in 2021, although you were not working, you were stated to have been claiming benefits and stated you had no debts. Whilst there are some references to substance misuse there is no evidence of this during your pregnancy in 2021. The DBS does not have concerns that you have an impulsive, chaotic and unstable lifestyle.

When considering if the risks associated with your poor problem solving and coping skills are transferable into regulated activity with vulnerable adults, you were asked to provide evidence from your employer to support your representations, you have not done so and without any information to address or mitigate our concerns we are satisfied that there is a risk that you would not be able to provide safe and appropriate care to vulnerable adults or safeguard those in your care if you were to witness abusive behaviours from those around you. Vulnerable adults rely on their carers to meet their needs and if these are neglected it could result in significant harm, we are concerned that you do not recognise problems where they exist and despite support from professionals have been unable to demonstrate sustained capacity for positive change, if you failed to address issues in the workplace, this could lead to vulnerable adults being neglected. If the behaviour were to be repeated in relation to a vulnerable adult, it could result in significant harm, it is therefore appropriate to include your name in the Adults' Barred List.

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Any safeguarding decision must take into consideration and balance not only the rights of the individual but also those of the vulnerable groups who may be at risk of harm from them. The DBS must properly consider whether there is a need to impose a preventative mechanism in order to protect the vulnerable.

In considering the proportionality of inclusion in the Adults' Barred List, it is acknowledged that it will result in an interference with your rights under article 8 of the European Convention on Human Rights as it would prevent you volunteering or seeking employment opportunities in the future with vulnerable adults.

The evidence in this case indicates this is a sector in which you have experience and may currently be in employment, although nothing is known about the amount of experience or training you have, this is an area in which you are currently in paid employment and a restriction would mean you could no longer remain in this employment and will affect your ability to provide financially for yourself and any dependents you may have.

It is also acknowledged that you may feel some stigma due to inclusion in the Adults' Barred List, however this information is not in the public domain and would only need to be disclosed by you where a legal duty to do so exists.

Currently the DBS has no information that mitigates or addresses the concerns that we hold in relation to your children being removed from your care on two separate occasions due to neglect and you being able to safeguard your children due to persistent concerns in regard to domestically abusive relationships and your ability to make and sustain positive change despite evidence of a willingness to make changes and a recognition of the reasons your first child was removed from your care for their protection in 2016.

If you neglected or failed to act appropriately to safeguard vulnerable adults as you are unable to cope or recognise problems and implement changes to address these where they exist this would represent a significant risk, as vulnerable adults rely on their carers to recognise and meet their needs in demanding environments and the evidence indicates you may not be able to do this consistently and a vulnerable adult may not have the capacity to report concerns, therefore it is appropriate and necessary to safeguard against the identified risk by including your name in the Adults' Barred List.