RG v Secretary of State [2011] UKFTT 355 (HESC) (HESC) (13 June 2011)

RG v Secretary of State [2011] UKFTT 355 (HESC) (HESC) (13 June 2011)

The Tribunal found on the balance of probabilities that the Appellant had consensual sexual intercourse with LM, a vulnerable young person she had previously worked with in a care role, on 16 March 2007. The Appellant's conduct, including ongoing contact, failure to report LM's presence, and meeting him after the incident, constituted serious misconduct. This misconduct rendered her unsuitable to work with children or vulnerable adults.

Citation
[2011] UKFTT 355 (HESC) (HESC)
Parties
Appellant: Appellant; Respondent: Respondent; Interested Party: LM
Jurisdiction
United Kingdom
Judgment Date
13 June 2011
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Misconduct, Sexual Relations With Vulnerable Persons, Suitability to Work With Children, Suitability to Work With Vulnerable Adults
Employment Law Safeguarding Misconduct Sexual Relations With Vulnerable Persons Suitability to Work With Children Suitability to Work With Vulnerable Adults

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

LM

Interested Party

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Appellant engaged in misconduct by having a sexual relationship with LM
  2. 2 Whether the Appellant is suitable to work with children or vulnerable adults

Ratio Decidendi

The Tribunal found on the balance of probabilities that the Appellant had consensual sexual intercourse with LM, a vulnerable young person she had previously worked with in a care role, on 16 March 2007. The Appellant's conduct, including ongoing contact, failure to report LM's presence, and meeting him after the incident, constituted serious misconduct. This misconduct rendered her unsuitable to work with children or vulnerable adults.

Court Disposition

Appeals dismissed

Orders

  • The Appellant is found unsuitable to work with children.
  • The Appellant is found unsuitable to work with vulnerable adults.