Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> NK v Disclosure and Barring Service (Safeguarding vulnerable groups - Adults' barred list) [2024] UKUT 224 (AAC) (29 July 2024)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2024/224.html
Cite as: [2024] UKUT 224 (AAC)

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NK v Disclosure and Barring Service [2024] UKUT 224 (AAC) (29 July 2024)

In this appeal the Upper Tribunal considered whether the Disclosure and Barring Service's decision to place the Appellant's name on the Adults' Barred List and the Children's Barred List was based on a material mistake of fact (as to whether the Appellant performed an unauthorised procedure on a patient by inserting his fingers into a constipated patient's vagina to assist her to pass a stool).

The Upper Tribunal had the benefit of hearing oral evidence from the Appellant, who was cross-examined by counsel for DBS and questioned by the panel. No other witnesses gave evidence.

Having considered oral and written evidence, the Upper Tribunal decided that the Disclosure and Barring Service's finding that the Appellant had done what was alleged was mistaken We accepted his evidence that he had cleaned the patient by wiping firmly from front to back with a wipe in his open hand and had not penetrated the patient digitally, as alleged.

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