[2024] UKUT 159 (AAC)

DBS’s other factual findings, for the most part, echo (i.e. do not materially add to) DBS’s core findings. However, some of the findings summarised at paragraph 4v e. above – that DJB placed her needs above C’s, and that DJB considered only herself – go further, and were especially hurtful to DJB, who maintained that she always did her best for C. In our view, it was a mistake to find that DJB considered only herself – she clearly did consider C, and was trying to do her best in a complicated personal situation. However, we do not consider this to be a finding that was material to the decision – it is clear enough, given the core findings DBS made, that it would have included DJB in the lists even if it had found that DJB considered C as well as herself. For completeness, we do not consider that DBS made a mistake in finding that DJB put her needs above C’s – however, it is an “academic” point, as this, too, was not a “material” factual finding. In short, the material factual findings for this decision were DBS’s core findings.