[2025] UKUT 302 (AAC)

Appeal No. UA-2024-001132-V

Between:

PEO

Appellant

- v -

Disclosure and Barring Service

Respondent

Before: Upper Tribunal Judge Citron, Ms Smith and Ms Jacoby

Hearing mode: Field House, Breams Buildings, London EC4

Representation:

Appellant: by Oliver Renton of counsel, instructed by Slater Heelis

Respondent: by Rosalind Earis of counsel, instructed by DLA Piper

The Upper Tribunal has made an order prohibiting publication of any matter or disclosure of any documents likely to lead members of the public directly or indirectly to identify the Appellant and 23 other persons (page 242-243 of UT bundle)

SUMMARY OF DECISION

SAFEGUARDING VULNERABLE GROUPS: Findings of fact (65.9)

This appeal centred on events in an assisted living home where the appellant worked as a night support worker, over three days in April 2023. The Upper Tribunal found that the Disclosure and Barring Service had made mistakes in findings of fact about the appellant’s interactions with service users in the course of those incidents, and that those mistaken findings were material to the Disclosure and Barring Service’s decisions to include the appellant in the barred lists. The Upper Tribunal accordingly allowed the appeal and remitted the matter to the Disclosure and Barring Service for a new decision.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the Upper Tribunal follow.

DECISION