EB v Disclosure and Barring Service
[2023] UKUT 105 (AAC)
AW v Disclosure and Barring Service
27 August 2024
[2024] UKUT 258 (AAC)
Upper Tribunal
A support worker was wrongly put on a list that prevents people from working with vulnerable people. A judge reviewed the case and found that the reasons for putting her on the list were wrong. The judge said she should be taken off the list.
Key Facts
- •AW, a support worker, was included in the children's and adults' barred lists by the Disclosure and Barring Service (DBS).
- •The DBS decision was based on allegations of failing to provide adequate care to two service users, JB and TH, and falsifying records.
- •AW appealed the DBS decision to the Upper Tribunal.
- •The Upper Tribunal found that the DBS made mistakes in its findings of fact.
- •The Upper Tribunal considered evidence from various sources, including AW's testimony, care home records, and statements from other staff members.
- •The Tribunal found that AW's actions, while not perfect, were not grounds for barring.
Legal Principles
The Upper Tribunal can overturn a DBS decision if the DBS made a mistake on a point of law or in any finding of fact on which the decision was based.
Safeguarding Vulnerable Groups Act 2006, section 4(2)
The decision whether or not it is appropriate to include an individual in a barred list is not a question of law or fact.
Safeguarding Vulnerable Groups Act 2006, section 4(3)
Relevant conduct includes conduct that endangers or is likely to endanger a vulnerable adult or child.
Safeguarding Vulnerable Groups Act 2006, Schedule 3, paragraphs 3, 4, 9, 10
Outcomes
The appeal was allowed.
The Upper Tribunal found that the DBS made mistakes in its findings of fact regarding AW's conduct. The Tribunal concluded that AW's actions, while perhaps showing lapses in judgment or inadequate record-keeping, did not constitute relevant conduct warranting inclusion on the barred lists.