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The legislation underlying DBS’s decisions
The legislation underlying DBS’s decisions
DBS’s decision of 12 June 2024 was made under paragraph 9 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (the “Act”). This provides that DBS must include a person in the adult’s barred list if
it is satisfied that the person has engaged in relevant conduct,
it has reason to believe that the person is, or has been, or might in the future be, engaged in regulated activity relating to vulnerable adults, and
it is satisfied that it is appropriate to include the person in the list.
Under paragraph 10, “relevant conduct” for the purposes of paragraph 9 includes conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult; and a person’s conduct “endangers” a vulnerable adult if she (amongst other things)
harms a vulnerable adult
causes a vulnerable adult to be harmed
puts a vulnerable adult at risk of harm or
attempts to harm a vulnerable adult.
DBS’s decision of 15 October 2024 was made under paragraph 3 of Schedule 3 to the Act. This provides that DBS must include a person in the children’s barred list if
it is satisfied that the person has engaged in relevant conduct,
it has reason to believe that the person is, or has been, or might in the future be, engaged in regulated activity relating to children, and
it is satisfied that it is appropriate to include the person in the list.
Under paragraph 4, “relevant conduct” for the purposes of paragraph 3 includes conduct which, if repeated against or in relation to child, would endanger that child or would be likely to endanger them; and a person’s conduct “endangers” a child if she (amongst other things)
harms a child
causes a child to be harmed
puts a child at risk of harm or
attempts to harm a child.
- 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