DBS’s decisions
DBS’s decisions
DBS’s decision letters stated that
it was satisfied of the following:
on (Sunday) 2 April 2023 PEO administered medication to service user AW without the authorisation to do so and knowing he was suspended from administering medication; PEO then instructed the agency member of staff to falsify the MARs sheet;
during the night of 1-2 April 2023 PEO failed to carry out the required checked (sic) on Mr JS and falsified the care documents to state that JS was settled in his room when JS was not present and instead was staying with his family;
on (Monday) 3 April 2023 PEO neglected those in his care by not getting JS ready for his daily outgoing, including not ensuring JS was showered and dressed with a packed lunch and by not providing personal care to service user VA;
that PEO engaged in relevant conduct in relation to vulnerable adults and to children;
PEO’s behaviour raised significant concerns in relation to PEO’s irresponsible and reckless pattern of behaviour, and in relation to PEO’s callousness/lack of empathy with others;
PEO was considered to pose a significant risk of harm.
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made a mistake in findings of fact it made and on which its decisions (DBS reference DBS6191 01011031802 ) of 14 May 2024 (adu
- The legislation underlying DBS’s decisions
- Jurisdiction of the Upper Tribunal
- DBS’s decisions
- The appeal to the Upper Tribunal
- Documentary evidence in the Upper Tribunal bundle
- PEO’s position/evidence
- Did DBS make a mistake in the finding of fact at [8a i.] above (administering medication etc)?
- Did DBS make a mistake in the finding of fact at [8a iii.] above (as regards PEO neglecting those in his care on Monday 3 April 2023 by not providing personal care to service user VA)?
- Were DBS’s mistakes in findings of fact material, given DBS’s other (unchallenged) factual findings?
- Conclusions
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