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The legislation underlying DBS’s decisions
The legislation underlying DBS’s decisions
DBS’s decision of 14 May 2024 was made under paragraph 9 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (the “Act”). This provides that DBS must include a person in the adult’s barred list if
it is satisfied that the person has engaged in relevant conduct,
it has reason to believe that the person is, or has been, or might in the future be, engaged in regulated activity relating to vulnerable adults, and
it is satisfied that it is appropriate to include the person in the list.
Under paragraph 10, “relevant conduct” for the purposes of paragraph 9 includes conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult; and a person’s conduct “endangers” a vulnerable adult if he (amongst other things)
harms a vulnerable adult
causes a vulnerable adult to be harmed
puts a vulnerable adult at risk of harm or
attempts to harm a vulnerable adult.
DBS’s decision of 19 August 2024 was made under paragraph 3 of Schedule 3 to the Act. This provides that DBS must include a person in the children’s barred list if
it is satisfied that the person has engaged in relevant conduct,
it has reason to believe that the person is, or has been, or might in the future be, engaged in regulated activity relating to children, and
it is satisfied that it is appropriate to include the person in the list.
Under paragraph 4, “relevant conduct” for the purposes of paragraph 3 includes conduct which, if repeated against or in relation to child, would endanger that child or would be likely to endanger them; and a person’s conduct “endangers” a child if he (amongst other things)
harms a child
causes a child to be harmed
puts a child at risk of harm or
attempts to harm a child.
- 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