MMN v Disclosure and Barring Service: [2024] UKUT 396 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 4 December 2024.
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Judicial Summary
Safeguarding Vulnerable Groups Act 2006 鈥� appellant included in adults鈥� barred list 鈥� appellant was agency support worker on shift in house with two vulnerable adults 鈥� DBS made factual findings that appellant had neglected the vulnerable adults in various ways, bent a finger back of one of them, and removed a skin graft from him 鈥� based on all the evidence, the Upper Tribunal found no mistake in DBS鈥檚 鈥渘eglect鈥� finding, but (by a majority) found mistakes in DBS鈥檚 鈥渇inger bending鈥� and 鈥渟kin graft鈥� findings 鈥� Upper Tribunal also found that all the factual findings were material to DBS鈥檚 decision 鈥� appeal allowed as DBS made mistakes in material facts 鈥� matter remitted to DBS for fresh decision 鈥� direction that appellant be kept on the list pending the new decision.