MMN v Disclosure and Barring Service (Safeguarding vulnerable groups) [2024] UKUT 396 (AAC) (04 December 2024)
Safeguarding Vulnerable Groups Act 2006 - appellant included in adults' barred list - appellant was agency support worker on shift in house with two vulnerable adults - 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 - based on all the evidence, the Upper Tribunal found no mistake in DBS's "neglect" finding, but (by a majority) found mistakes in DBS's "finger bending" and "skin graft" findings - Upper Tribunal also found that all the factual findings were material to DBS's decision - appeal allowed as DBS made mistakes in material facts - matter remitted to DBS for fresh decision - direction that appellant be kept on the list pending the new decision.
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