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Disposal
Disposal
We allow the Appellant’s appeal against the DBS’s final decision letter dated 20 July 2021. We find there are material mistakes of fact in relation to Findings 1, 2 and 3. However, we find no material mistakes of fact in relation to Findings 4 and 5. It is not appropriate for the Upper Tribunal to direct the DBS to remove the Appellant from the barred lists. Rather, the case must be remitted to the DBS for a fresh decision in the light of our findings above and any further findings made by the DBS. Whilst that process is ongoing, we direct that the Appellant remain on the barred lists.
- 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