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The grounds of appeal and the parties’ submissions
The grounds of appeal and the parties’ submissions
We agree with Counsel for the DBS that the grounds for appeal in this case rest on a straightforward dispute. The appellant says she did not do the alleged act and the DBS says on the balance of probabilities given the evidence before them she did. The appellant’s grounds of appeal allege a mistake of fact and it was on that basis that UTJ Citron granted permission to appeal on 12 November 2024.
In summary the appellant says she was looking for oil in the kitchen at the lunchtime visit to rub on JA’s rectum to help alleviate her constipation. When she was told she could not do this by HG she did not. Noone saw her doing this but the next day JA said that the carer the night before had inserted her fingers into her bottom and it hurt.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The DBS made a mistake of fact in finding the allegation against the appellant proved. The appellant must be removed from the children’s barr
- Introduction
- Factual background
- Legal framework
- The grounds of appeal and the parties’ submissions
- Analysis
- Conclusions