Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 304 (AAC)

Fecha: 03-Sep-2025

Introduction

Introduction

On 9 September 2024, DBS included NAC in the adults’ barred list on the following finding of relevant conduct:

On 20/12/2023, whilst employed as a Care Assistant at BG, you hit resident IR on the back of her head and on her hand.

Upper Tribunal Judge Jacobs gave permission to appeal on the grounds presented. In summary, the grounds were that DBS made mistakes in its finding of fact and that its decision was disproportionate. NAC did not apply for permission to amend his grounds (as explained in Section III of KS v Disclosure and Barring Service [2025] UKUT 45 (AAC). Accordingly, we limited our consideration to the grounds on which permission was given, as required by Disclosure and Barring Service v JHB [2023] EWCA Civ 982 at [97].

Heading
This decision is given under section 4 of the Safeguarding Vulnerable Groups Act 2006 (SVGA from now on)
Introduction
The oral hearing
The legislation The barring provisions
The appeal provisions
Our approach to the case
The same can be said of whether NAC hit IR
The evidence
Conclusions