[2024] UKUT 269 (AAC)

TJO’s evidence was not confined to the events of 16-18 January; it contained background information: that she had been assigned to the VA earlier in 2020, had been very concerned about his poor living conditions and state of health, and had gone “above and beyond” her duties to help him (for example, she had bought him food with her own money). Her evidence was that she had raised concerns with the employer about the state of the VA’s home and his health, but nothing had been done. She said she had suggested putting a key in a lock box outside the VA’s home, but this suggestion had not been acted upon. She said that she had been taken off duties with the VA for a period at the end of 2020 and then, in around December 2020, had been re-assigned to work with him. She made clear how much she cared for the VA.

As regards the events of 16-18 January, TJO’s evidence was that

In cross examination, TJO said that it was common for the office not to pick up calls on the weekend (and so TJO would phone contacts like W “directly”); and that a further impediment to her seeing through the front window of the VA’s home was the long grass outside the window (which, she said, pressed into her skin).

TJO’s evidence was that it was not possible to make longer notes in the employer’s electronic “log in” system.

TJO’s twice-daily welfare checks to the VA were usually at around 7 am and 5.30 pm; on Mondays, she made an extra visit, at around 11 am, for shopping

In TJO’s view, it was the employer and social services that had “neglected” the VA, by not doing anything to improve his circumstances, despite TJO raising concerns.