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The appeal to the Upper Tribunal
The appeal to the Upper Tribunal
Permission to appeal was given by the Upper Tribunal (Judge Citron) on the grounds put forward by PEO’s solicitors in their letter to the Upper Tribunal of 13 August 2024, being
DBS made an error in a finding of fact that PEO
administered medication to a service user whilst suspended; and
did not provide personal care to a service user; and
DBS was wrong to find that it was proportionate to bar PEO from working with vulnerable adults.
PEO gave evidence (under oath) at the hearing of his appeal, including via cross examination and answering questions from the panel.
- 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