Undisputed Chronology
Undisputed Chronology
There is no dispute that at the relevant time MOO was conducting a regulated activity. MOO worked as a Support Worker in the Social Care Sector employed by the company anonymised as PC (or “the employer”) from 5 May 2022 to the date of her summary dismissal on 1 March 2023. The final decision by PC refusing her appeal against dismissal was communicated to her on 5 April 2023.
PC has more than one property used for vulnerable adults, but the relevant incident was at a house in a residential street to be identified as the “Home” for the purposes of confidentiality and in accordance with the Rule 14 orders already made.
Support workers at the Home had rotas, typically, for those who come on duty in the morning as day support and others that cover the night and leave early in the morning.
Service users have individual residential care plans pertaining to their history and support requirements at the Home.
A computer-based system used for data entry and reporting, was in use at the relevant time called “Nourish.”
- Heading
- The decision of the Upper Tribunal is that the Appellant’s appeal against the decision of the DBS dated 13 February 2024 is dismissed. There was no mistake of fact nor law in the decision to include h
- Introduction
- Factual background
- Undisputed Chronology
- The incident on 5 February 2023
- Investigatory meeting
- Disciplinary Meeting 17 February 2023
- The Internal Appeal – 27 March 2023
- The DBS Decision
- The Appeal to the UT and grounds on which permission was granted
- Legal framework
- a. “on any point of law” (section 4(2)(a) of the Act)
- Relevant general tests/principles
- Mistakes of fact and the UT’s fact finding jurisdiction
- Assessment of risk
- The grounds of appeal and the Appellant’s submissions
- Barring Decision Process – unreasonableness and disproportionality
- Mistake of law – procedural fairness
- Mistake of fact
- Facts Found
- Appellant’s evidence
- LR’s evidence
- Voice note of team leader Z
- Findings of fact
- Discussion and Analysis
- Other errors of law
- Irrationality
- Proportionality
- Mitigating
- Aggravating
- Conclusions
![[2025] UKUT 321 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)