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Miss X’s occasional “behaviour”
Miss X’s occasional “behaviour”
JW’s evidence was that Miss X was known to grab, pull, kick and spit at staff; that she often expressed herself through violent behaviour; and that she had injured several staff members, included JW. Ms Fletcher gave corroborating evidence to similar effect. We accept this evidence.
- 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