NK v Disclosure and Barring Service: [2024] UKUT 224 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 29 July 2024
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Judicial Summary
In this appeal the Upper Tribunal considered whether the Disclosure and Barring Service鈥檚 decision to place the Appellant鈥檚 name on the Adults鈥� Barred List and the Children鈥檚 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鈥檚 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鈥檚 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.