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The Disclosure and Barring Service’s decision to bar the Appellant
The Disclosure and Barring Service’s decision to bar the Appellant
The DBS’s decision was based on two composite allegations, one relating to the fall incident and the other to the medication incident. Within the composite allegations there were several separate findings which we identify as such. In its final decision letter of 20 July 2021, the DBS recorded that it was satisfied of the following allegation in relation to the fall incident:
On 6 August 2020, whilst working as a Live In Care Giver for [a private care agency], you repeatedly neglected Teresa, a 93 year old female service user in your care, who suffers from dementia, has mobility issues, and requires personal care, assistance with meals and medication. You did this by:
Sleeping on duty, resulting in Teresa leaving her house unsupervised and falling over (Finding 1);
Failing to provide appropriate assistance to Teresa following this fall, including leaving Teresa whilst she was on the floor outside to attend to the washing (Finding 2); and
Refusing to provide an off duty Private Ambulance Driver with up-to-date medical information for him to assess Teresa’s condition, when he was attending to her following her fall (Finding 3).
The DBS’s final decision letter also recorded that it was satisfied of the following allegation in relation to the medication incident:
On 2 February 2020, whilst working as a Live In Care Giver for [a care agency], you neglected James, a male service user (age and vulnerabilities unknown), by:
Failing to provide him with his morning medication (Finding 4); and
Failing to notify the next Live in Care Giver [Karen] during handover, or the on call person at [the care agency], that you had not given James his morning medication (Finding 5).
The final decision letter then went on to explain in some detail why the DBS had concluded that in all the circumstances it was appropriate to make the Barring Decision in relation to 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