[2024] UKUT 269 (AAC)

a police form regarding concerns about the VA and an incident on Sunday 17 January 2021 at 6.30 pm; police had been called by a concerned neighbour who had not seen or heard from the VA since the previous day; it recorded that on arrival, lights were on upstairs and downstairs and, on looking through the lounge window, the VA could clearly be seen laying on the lounge floor motionless with his trousers around his ankles; the VA appeared to be drifting in and out consciousness due to exhaustion; the VA stated that he had fallen the night before (and so could have been there for up 24 hours without food or drink); the VA was confused, and extremely cold to touch; the hospital said that it was unlikely that the VA would have survived the night if not discovered by the police; it said that the premises were in a very poor state; the kitchen was very dirty and unused; the whole premises were not clean or hygienic; it was clear that the VA was unable to look after himself; the VA was said to be extremely frail and malnourished; the house was said to be dark, cluttered, and in a dire state;

the referral by TJO’s employer to DBS; this (amongst other things) said that TJO had been working as a care worker since January 2020, working with vulnerable adults; that TJO had been allocated to attend the VA twice a day for a welfare check. It said that, sadly, the VA passed away in hospital on 25 January 2021. It said that the VA had been diagnosed with dementia. It indicated that the VA was in his early 80s at the time;

a report from the employer dated 10 February 2021;

dismissal letter from the employer dated 25 January 2021;

an email from TJO to “W” (the “coordinator” at the employer for whom TJO worked) dated (Monday) 18 January 2021 at 11.29 am;

8 page transcript of an investigatory meeting with TJO on 20 January 2021;

TJO’s written representations;

TJO’s training certificates;

a job description;

three character references for TJO;