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Jurisdiction of the Upper Tribunal
Jurisdiction of the Upper Tribunal
Section 4(2) of the Act confers a right of appeal to the Upper Tribunal against a decision by DBS under paragraph 9 and 3 of Schedule 3 (amongst other provisions) only on grounds that DBS has made a mistake
on any point of law;
in any finding of fact on which the decision was based.
The Act says that “the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact” (section 4(3)).
- Heading
- 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