Key Facts
- •SCK, a support worker, was involved in an incident with a vulnerable adult (MDC).
- •SCK restrained MDC, slapped him, and allegedly insulted his son.
- •Another support worker (BG) witnessed the incident and provided a statement.
- •SCK's account of the incident differed significantly from BG's.
- •The Disclosure and Barring Service (DBS) included SCK in the adults' barred list.
- •SCK appealed the DBS decision to the Upper Tribunal.
Legal Principles
The Upper Tribunal can only overturn a DBS decision if there's a mistake of law or fact in the DBS's findings.
Safeguarding Vulnerable Groups Act 2006, section 4(2)
The appropriateness of including 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 endangering or likely to endanger a vulnerable adult.
Safeguarding Vulnerable Groups Act 2006, Schedule 3, paragraph 10
Outcomes
The Upper Tribunal dismissed SCK's appeal.
The Tribunal found no mistake of law or fact in the DBS's decision. The Tribunal accepted BG's account of the incident as more credible than SCK's, concluding that SCK intentionally slapped MDC and used abusive language. The Tribunal also considered the DBS decision was not disproportionate.