[2025] UKUT 192 (AAC)

Ground 6 is set out at para 13(6) of the Grounds.

It follows from the Relevant Conduct (and the CCTV Footage) that, in all the circumstances, MC had demonstrated “callousness” and a “lack of empathy” during the Incident. MC had an inappropriate attitude about how he was entitled to act during the Incident; one that appeared incompatible with the obligations relating to regulated activity.

It is relevant that MC was relatively experienced in providing care and had been trained on relevant matters – but that tends to make MC’s conduct during the Incident more culpable, overall, as much as it might otherwise be said to be a factor in support of MC in a more general sense.

DBS cannot be said to have failed, in any material respect, to have had regard to MC’s previous record. The DBS was entitled to decide that it was not sufficient mitigation, such as to find he presented a continuing risk. Irrespective of any previous good or competent conduct more generally, MC had, in effect, been caught on CCTV. The DBS was entitled to find at the time it made Decisions 1 and 2 (July 2022 and March 2023) that any evidence of remorse, insight, etc, was too limited and/or unpersuasive so as to reduce or eliminate the risk he posed of causing harm.