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Background facts
Background facts
In this section we present some background facts that were not in dispute.
Miss X
had learning disability;
had “capacity”;
was non-verbal: she communicated using “voca” (voice output communication aids) or sign language;
used a wheelchair;
mobilised in the home on her hands and knees;
had “behaviours” at times and had a “behaviour plan”;
was PEG-fed;
required 2:1 care;
generally slept at night.
JW was a woman in her early 50s at the relevant time. She was a “waking support worker” at the supported living home. Her shift started at 9 pm.
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made a mistake on a point of law or in a finding of fact it made and on which its decision of 12 December 2022 (reference DBS6
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- The grant of permission to appeal
- The evidence before the Upper Tribunal
- Background facts
- Review of JW’s evidence on disputed matters
- JW’s role at the home
- The requirements for Miss X’s personal care
- Miss X’s occasional “behaviour”
- The incidents where JW held the door to Miss X’s room closed
- Our analysis of mistake of fact and/or law in DBS’s decision
- Was important and relevant context omitted?
- Does this omission in DBS’s decision amount to a mistake of law or fact?
- The grounds enumerated in JW’s “perfected ground of appeal”
- Conclusions