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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 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 (adults’ barred list) and 19 August 2024 (children’s barred list) to include PEO in the barred lists were based.
The Upper Tribunal REMITS the matter to the Respondent for a new decision, which must be based on the findings of fact referred to in paragraph 33 of the “Reasons” section below.
PEO must be removed from both barred lists until the Respondent makes its new decision.
REASONS FOR DECISION
This appeal
This is an appeal against the decisions (“DBS’sdecisions”) of the Respondent (“DBS”) dated 14 May 2024(adults’ barred list) and 19 August 2024 (children’s barred list) to include PEO in the respective barred lists.
- 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