[2025] UKUT 98 (AAC)

The Barring Decision was communicated to RW by a letter dated 5 April 2024 headed ‘Final Decision Letter’. We do not reproduce the letter in its entirety because the only matter in issue in this appeal is whether the Barring Decision was based on a material mistake of fact. The passages relating to the DBS’s evaluation of the evidence and its fact finding are as follows:

“We have considered all the information we hold and are satisfied of the following:

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Shouted at, threatened to knock out service user AG, pointed a finger in his face, told AG to shut up, to get to his room and stay there.

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On 25/02/2023 you – pushed AG with both hands in his back down the hallway, causing AG to stumble.”

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.

It is also considered that you have engaged in relevant conduct in relation to children, specifically conduct which, if repeated in relation to a child, would endanger that child or would be likely to endanger him or her.

We are satisfied that a barring decision is appropriate. This is because you shouted at service user AG, you threatened to knock him out, pointed your finger in his face, told AG to shut up, to get to his room and stay there. It has also been found proven that you acted irresponsibly by pushing AG with both hands in the back, down the hallway, causing AG to stumble, not only resulting in the apparent .. emotional harm of AG, a service user in your care but also had the potential to cause physical harm to AG if he were to have fallen.

Throughout your written statement and the Disciplinary Hearing you attempted to provide an explanation for your actions and apportion blame onto AG and your belief that he was ‘misbehaving’ indicating a lack of understanding and regard for his behaviour and an attitude that AG’s actions were born [sic] out of disobedience rather than as a result of his learning disabilities and rather than respond in a tolerant manner, you have demonstrated a lack of respect for AG, becoming impatient and domineering, ordering AG to his room. The DBS are satisfied that you have also prioritised your need to complete household tasks over the needs and welfare of AG. IT is considered that your actions demonstrate a level of callousness and lack of empathy or those in your care.

You also have attempted to detract from your behaviour by making counter allegations against SB, anther staff member on duty and the witness to your conduct but with no evidence to substantiate your accusations, this has not been considered further.”