Upper Tribunal Administrative Appeals Chamber

UT UA-2024-000745-V - [2025] UKUT 129 (AAC)

Fecha: 28-Mar-2025

Introduction

Introduction

On 29 April 2024, DBS included SLS in the children’s barred list and the adults’ barred list on the following findings of relevant conduct:

•

On multiple unspecified dates between 01 December 2019 and 18 January 2023 whilst working as a Support Worker for EC, you behaved in an inappropriate manner towards service users in your care when you:

- shouted at them

- told them to shut up, ‘get out of my face’, go away, piss off.

•

On multiple unspecified dates between 01 December 2019 and 18 January 2023 whilst working as a Support Worker for EC, you restricted the choices of service users.

•

On 18 December 2022 whilst working as a Support Worker for EC, you told a service user to fuck off.

Upper Tribunal Judge Jacobs gave SLS permission to appeal limited to these grounds after an oral hearing:

The first ground is that DBS may have made a mistake of fact in making its findings on the basis of the evidence given by SLS’s co-workers and the service users. I will give a couple of examples that will benefit from hearing SLS’s oral evidence. One is the effect on the evidence of her reputation as a whistle-blower. The other is the level of capacity of the service users, which may have affected their understanding of the questions they were asked.

The second ground is whether the decision was proportionate. There may be a less intrusive approach. Training is one example. I note the exchange of messages at page 97, which suggests that the employer may have been considering moving SLS to a different venue rather than dismissing her. The outcome on this ground may depend on the decision in KS [v Disclosure and Barring Service [2025] UKUT 45 (AAC)].

SLS did not apply for permission to amend these grounds (as explained in Section III of KS). Accordingly, we limited our consideration to the grounds on which permission was given, as required by Disclosure and Barring Service v JHB [2023] EWCA Civ 982 at [97].

This is the Upper Tribunal’s decision on the appeal. It is made with the benefit of the practical knowledge and experience that the specialist members bring to this jurisdiction. We refer to what the Upper Tribunal said about their qualifications for appointment in CM v Disclosure and Barring Service [2015] UKUT 707 (AAC) at [59] to [64].