[2025] UKUT 228 (AAC)

VMAC received a conditional caution on 02 December 2021 for an assault on his stepson on 28 November 2021. Social Services had been involved in VMAC’s family situation since around May 2021, which resulted in a child in need plan in respect of VMAC’s stepson and VMAC’s daughter with his wife PC.

At the time of the conditional caution, VMAC worked as a tenancy support worker for a company (“AC”). On 23 October 2022, AC terminated VMAC’s probation. This was during the DBS investigation, after AC had implemented supportive measures to manage while the DBS was investigating. The reasons given were that VMAC had not kept his work diary updated and was saving confidential client documents in a non-secure area. AC stated VMAC was unable to follow instructions despite supervision meetings, support and training being put in place.

VMAC applied for a DBS check to engage in regulated activity, following which the DBS received information from Northamptonshire Police about his caution for common assault on 02 December 2021. As a result, the DBS investigated whether to include VMAC in one or both of the barred lists.

On 28 October 2022, VMAC emailed the DBS about his belief that the DBS investigation was one of the main factors leading to his dismissal. VMAC asked for clarification of his ability to work with adults and / or children during the investigation. VMAC referred to names of people he had worked with whom he indicated could be contacted about his case and referred to a domestic abuse course and a victim awareness course he had undertaken (attaching documentation about the latter).

On 17 November 2022, “JM”, the CEO of AC, sent the DBS what was described as relevant paperwork that had been discussed and which she thought might be of use to DBS’s inquiry. JM also confirmed that VMAC had his probation terminated due to not following instructions and undertaking tasks. She observed there were no safeguarding concerns around VMAC’s work

VMAC subsequently emailed the DBS on a number of occasions, including 02 January 2023, 02 February 2023, 20 March 2023, 24 April 2023, 10 May 2023 and 07 June 2023. Some of these emails attached documentation on which VMAC wanted to rely (for example, a parenting course certificate he had recently completed).

On 29 June 2023, the DBS issued a Minded to Bar letter to VMAC, dated 20 June 2023. The DBS invited VMAC to submit representations by 26 August 2023. VMAC sent the DBS an email dated 26 August 2023 at 11.30pm. Although there is disagreement between the parties about whether those representations were received in time, the DBS agreed to VMAC submitting later representations, which it received on 01 September 2023.