Heading

Appeal No. UA-2022-000763-V
RULE 14 Order:
Pursuant to rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, it is prohibited for any person to disclose or publish any matter likely to lead members of the public to identify the appellant or any other individuals referred to in these proceedings.
Between:
FR
Appellant
- v -
Disclosure and Barring Service
Respondent
Before: Upper Tribunal Judge Nicholas Wikeley, Upper Tribunal Member Mr John Hutchinson and Upper Tribunal Member Dr Elizabeth Stuart-Cole
Hearing date(s): 12 June 2025
Mode of hearing: Oral hearing at the Employment Tribunal venue, Leeds
Representation:
Appellant: In person
Respondent: Mr Richard Ryan (counsel) instructed by DBS Legal Services
On appeal from:
DBS registration number: 00933910962
DBS Decision Date: 20 July 2021
Judicial summary
Safeguarding Vulnerable Groups Act 2006 - section 4(2)(b) – appeal on mistake of fact – Upper Tribunal heard oral evidence and made its own assessment of evidence – material mistakes of fact – appeal allowed and case remitted to Disclosure and Barring Service for new decision to be made.
DECISION
- 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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