A summary of the background to the Barring Decision
A summary of the background to the Barring Decision
The Appellant has worked in the care sector for many years. The DBS based its Barring Decision on its findings about two incidents involving the Appellant in her role as a live-in carer for vulnerable adults. The first incident concerned a fall suffered by Teresa, a vulnerable 93-year-old lady for whom the Appellant was acting as live-in carer. We call this ‘the fall incident’. The second incident, about six months earlier, concerned the administration (or rather the non-administration) of medication for another service user, James, for whom the Appellant had also been acting as live-in carer. We call this ‘the medication incident’.
Neither Teresa nor James were the service users’ real names in this case – we use these pseudonyms to reflect the Rule 14 Order. Likewise, when we refer to other individuals in the course of this decision, we also use pseudonyms rather than those persons’ real names. Lastly, in any document that refers to the Appellant either by her name or by her initials we have changed this to read simply “the Appellant”.
- Heading
- The decision of the Upper Tribunal is to allow the appeal under section 4 of the Safeguarding and Vulnerable Groups Act 2006
- Accordingly, the Upper Tribunal, pursuant to section 4(6)(b) and (7)(b) of the 2006 Act
- REASONS FOR DECISION
- A summary of the background to the Barring Decision
- The Upper Tribunal oral hearing
- The legal framework for barring decisions
- The Disclosure and Barring Service’s decision to bar the Appellant
- The Appellant’s grounds of appeal
- The Appellant’s oral evidence
- The fall incident
- The care agency’s account
- The Appellant’s account
- Finding 1
- Finding 2
- Finding 3
- The medication incident
- Finding 4
- Finding 5
- Other matters
- Disposal
- Conclusions
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