Suzanna Jacoby
Suzanna Jacoby
Upper Tribunal Member
John Hutchinson
Upper Tribunal Member
Authorised by the Judge for issue on 17 December 2024
Annex: Anonymity: Rule 14 Order
A Rule 14 Order had previously been made by an Upper Tribunal Registrar, but this only covered the appellant’s colleague LS. At the start of the hearing, we asked DBS if they also sought other Rule 14 orders and they confirmed that they sought Rule 14 orders in relation to all staff and service users named or otherwise identified in the documents, and had no objection to one being made in respect of the appellant. The appellant confirmed that she wished a Rule 14 order to be made in respect of her in order to protect her privacy and reputation. The parties considered that it may be necessary also to anonymise the name of the care home in which the appellant worked in order to avoid the possibility of ‘jigsaw identification’.
- Heading
- The decision of the Upper Tribunal is to allow the appeal
- The Upper Tribunal hearing
- DBS’s decision
- The grant of permission
- Legal framework
- The Upper Tribunal’s jurisdiction on appeal
- Our approach to the evidence
- The facts
- The appellant’s evidence at this hearing
- Our analysis and conclusions
- Grounds 1-6 concerning DBS finding (i): locking residents in rooms
- Ground 1
- Grounds 2 and 3
- Ground 4
- Ground 5
- Ground 6
- Ground 7: Finding (ii): verbal abuse of residents in her care
- Ground 8: lack of empathy
- Ground 9: hostility towards CQC inspectors
- Proportionality
- Conclusion on the appeal
- Suzanna Jacoby
- In the light of the parties’ positions, we have considered whether it was appropriate to make any orders under Rule 14 in this case going beyond the orders already made by the Registrar. We bear in mi
- Open justice means that justice must not only be done, it must be seen to be done. In Cape Intermediate Holdings Limited v Dring [2019] UKSC 38 , [2020] AC 629 the Supreme Court explained the purpose
- Article 6(1) of the European Convention on Human Rights (ECHR) provides that: “Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the inter
- Numerous cases have emphasised the link between open justice and the right under Article 10 of the European Convention of Human Rights to freedom of expression and have provided guidance on the nature
- Conclusions
![[2024] UKUT 427 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)