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Background facts
Background facts
The following background facts did not appear to be in dispute:
AW was a support worker at the care home in question; she started working there in December 2014; she was in her early 50s at the time of the incidents in 2021.
The home provided support to people with mental health, learning disabilities, autism, brain injuries and other complex needs. It was a 6 bed unit and operated two shifts: a day shift from 7:15 am to 9:30 pm, and a night shift 9:15 pm to 7:30 am. AW worked mainly night shifts. There were usually 5 support workers during the day and 2 support workers at night.
- 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