I think the point the court made, was that the policy was discriminatory and unfair, as well as illegal (as proved by the award of damages). It matters not which crew member made the mistake, the general policy needs examining and amending.
I doubt the court said anything of the sort. The policy was incorrectly interpreted and applied by the staff and it was the child that should have been moved. A consent order detailing a
settlement made between the parties was drawn up at court between the parties not a judgement made by the court
not damages awarded.
Just to clear up something from earlier posts. A clear enhanced CRB check does not mean a person is no risk. It means they have not come to police attention. There is nothing wrong with having some suspicion. Thats what risk assessment is about. The question to ask is, if it were my child what would I want to happen?