The Upper Tribunal hearing
The Upper Tribunal hearing
This hearing was conducted by video at the appellant’s request so that her step-father could assist her. She was also assisted by her son with some technical issues with the laptop and video technology. Despite DBS’s efforts to send her a hard copy bundle at the judge’s (late) direction, this had not arrived and nor did the appellant at the start of the hearing have the electronic bundle available to her. With the help of her son and a second laptop arrangements were made for her to be able to access the bundle.
The appellant had not prepared a witness statement, despite a direction to do so, but it was agreed by Mr Ryan for DBS that her submissions in reply to DBS’s response could be read as constituting a witness statement and an intention to give evidence at this hearing. At the invitation of the Tribunal, the appellant confirmed on affirmation the truth of those submissions, and also the statement she provided to her employer in the internal disciplinary proceedings, her submissions to DBS in response to the “minded to bar” letter and her grounds of appeal.
The appellant was questioned by Mr Ryan for DBS and by the Tribunal.
Both parties then made closing submissions, referring to the written submissions they had provided in advance.
- 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
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