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Between:
AB
Appellant
- v -
Disclosure and Barring Service
Respondent
Before: Upper Tribunal Judge Citron, Dr Stuart-Cole and Ms Bainbridge
Hearing mode: Cloud video platform
Representation:
Appellant: by herself
Respondent: by Bronia Hartley of counsel, instructed by DLA Piper
The Upper Tribunal has made orders prohibiting the disclosure or publication of 2 facilities and of the names of 18 individuals or any matter likely to lead members of the public to identify them (see pages 275-277 and 398-399 of the Upper Tribunal bundle)
SUMMARY OF DECISION
SAFEGUARDING VULNERABLE GROUPS: Findings of fact (65.9)
This was an appeal against factual findings by DBS about certain incidents that took place when the appellant worked as a support worker at a nursing home and, later, when she was employed by a charity supporting people with learning disabilities. Having considered both the oral evidence of the appellant at the hearing, and the documentary evidence before it, the Upper Tribunal decided that there was no material error in DBS’s factual findings, and so dismissed the appeal.
Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the Upper Tribunal follow.
DECISION
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- The decision of the Upper Tribunal is to dismiss the appeal. The decisions of the Respondent (DBS reference DBS6191 01007562626 ) made on 12 June 2024 (adults’ barred list) and 15 October 2024 (childr
- This appeal
- The legislation underlying DBS’s decisions
- Jurisdiction of the Upper Tribunal
- The grant of permission to appeal
- Documentary evidence in the Upper Tribunal bundle
- The Upper Tribunal hearing
- DBS’s rationale for its decisions
- Did DBS make a mistake in a finding of fact on which its decisions were based?
- DBS’s finding that on 25 December 2022 whilst employed as a support worker at a nursing home, AB refused to reposition service users who were in need of pressure sore relief
- DBS’s finding that on 8 February 2023 whilst employed at the nursing home, AB failed to preserve the dignity of service user SA by transporting him through the home in a state of undress
- DBS’s finding that on 22 February 2023 whilst employed at the nursing home, AB failed to identify that a service user was experiencing a seizure as she had failed to follow the epilepsy support guidel
- DBS’s finding that whilst employed at the nursing home, AB deliberately and repeatedly called a service user by the wrong name in the presence of the service user
- DBS’s finding that whilst employed at the nursing home, AB frequently exhibited hostility and unprofessional conduct towards a number of her colleagues
- DBS’s finding that between 22 January 2024 and 1 March 2024 whilst employed as a support worker for a charity supporting people with learning disabilities, AB failed to support service users in her ca
- The position as regards mistake on a point of law
- Conclusions
![[2025] UKUT 238 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)