Aspects of AW’s evidence emphasised in cross examination
Aspects of AW’s evidence emphasised in cross examination
In cross examination, some emphasis was put on the following evidence of AW’s:
in the transcript of the disciplinary hearing on 7 May 2021, AW at one point said that she did not offer TH personal care in their interaction at 7 am on 17 March, as it was “ongoing” that TH would decline personal care from AW (the point ends with the management representatives saying they would “investigate” whether it was documented that TH routinely refused personal care from AW)
PK (according to investigation meeting notes dated 16 March 2021) said “around 6:45” in answer to the question: “”What time was the last time you checked [TH] prior to leaving your shift?” (this came after two questions referring specifically to “the handover” on the morning of 17 March); it was suggested in cross examination that this contradicted AW’s saying that there was a handover at around 7:15 am
it was said to be very odd that AW did not emphasise to the home care management (in the various investigatory meetings) the fact that (according to her account) AW had seen JB at “handover” at 7:15 am (as well as at 6:45 am (or thereabouts), when she had decided that his pad, though damp, did not need changing).
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made mistakes in findings of fact it made and on which its decision of 22 August 2022 (reference DBS6191 00960513296 ) to incl
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- The grant of permission to appeal
- Documentary evidence in the bundle
- Background facts
- Review of the key evidence
- TH
- JB
- Night of 16-17 March 2021: general
- Night of 16-17 March 2021: JB
- Night of 16-17 March 2021: TH
- Aspects of AW’s evidence emphasised in cross examination
- Other evidence
- Documents recording PK’s views shortly after the night of 16-17 March 2021
- Documents recording IG’s and ER’s views shortly after the night of 16-17 March 2021
- Documents recording GB’s views shortly after the night of 16-17 March 2021
- The “significant discussion” with AW and employer on 8 December 2020 - the record keeping issue
- Points emphasised by DBS’s counsel on the evidence
- Our factual findings
- TH
- Our conclusions as to mistakes of fact in DBS’s decision
- Conclusions
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