[2024] UKUT 258 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 258 (AAC)

Fecha: 24-Jun-2024

Aspects of AW’s evidence emphasised in cross examination

Aspects of AW’s evidence emphasised in cross examination

23.

In cross examination, some emphasis was put on the following evidence of AW’s:

a.

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)

b.

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

c.

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).