Factual and procedural background
Factual and procedural background
We are setting out at paragraphs 4 to 13 below the undisputed facts, except where we say otherwise, in which case we will say what we make of the evidence. As to whether there were the two mistakes of fact mentioned in the grant of permission, we save that for the analysis part of this decision.
The appellant was 29 at the date of the incident in this case. She arrived in the UK from Nigeria in 2019. She has a master’s degree in project management. She was an office worker from 2015 to 2019. She became a carer/support worker in March 2020. She had switched from project management to care work because she was going to move into social work, and because she planned eventually to become a qualified social worker. The appellant joined an employment agency in July 2020. That was the agency which supplied the appellant to the children’s residential home at which the incident occurred. The home had approached the agency mid-pandemic for help due to having shortages in the team.
- Heading
- REASONS FOR DECISION Introduction
- Factual and procedural background
- Conduct
- Barring process
- Final Decision letter
- Permission to appeal application
- Grounds of appeal
- The appellant’s own contemporaneous account was missing
- Documentary evidence
- Oral evidence
- Submissions
- C: Law
- Case law
- D. Analysis Preliminary analysis: the written evidence
- Mistake of fact in finding that the appellant assaulted the child
- (We return later in this decision to what we make of this part of the Serious Incident Report.)
- Tribunal’s finding of fact: the appellant’s arm or arms did connect with L’s chest and shoulders
- Whether mistake of fact in finding the appellant to have said “ if he hits me I’ll hit him back I’m not scared of him ”
- Proportionality
- Disposal
- Conclusions
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