[2024] UKUT 240 (AAC)

He gave evidence that he had become aware that his data had been hacked in January 2023. This had arisen when he had changed his internet security from Norton to McAfee and when the latter ran a full scan at the start of his subscription, it had informed him that some of his data had been compromised on 6 January. He had accordingly taken steps to change his password for banking purposes and had notified the police (though he had no documentary confirmation of having done so). He claimed to have informed by email dated 27 February a Mr Neil Robertson at OTC of the difficulties he had been experiencing accessing the VOL system but had received no reply: however, when in response to a request from the panel he produced on his phone the email he had sent, though the text was addressed to “Neil”, the email was actually sent not to Mr Robertson but to Mr Bowers. Further, it did not inform “Neil” of any specific difficulty but simply asked for a “confidential discussion”. Mr Stafford had from time to time been in the habit of accessing the VOL system for checking online reports. However, he had subsequently experienced difficulties obtaining access to the VOL system and, when it had emerged that Mr Noon was shown as having been removed as transport manager on 1 March, that had not been done by him. In the light of these difficulties, he had felt nervous and unable to engage with the VOL system thereafter and had asked the OTC to send paper documents in future. Shortly after the decision under appeal was taken, Mr Blaza had accepted that Mr Stafford had told the OTC this. Mr Noon had his (Mr Stafford’s) details for accessing the VOL.

It is material to record that while we have seen no formal diagnosis, Mr Stafford indicated that he does have mental health issues, in particular with anxiety. He indicated that he was able to take part in the proceedings with the support of Mr Bowers.