Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 258 (AAC)

Fecha: 24-Jun-2024

Documentary evidence in the bundle

Documentary evidence in the bundle

The documentary evidence in the bundle of 406 pages included:

the barring referral form submitted by the management of the care home to DBS

an internal investigation report re: AW dated 15 April 2021, by GLP (the “regional support manager” at the care home)

investigation meeting notes re: AW dated 6 April 2021

investigation meeting notes re: PK (support worker who, like AW, worked on the 16-17 March 2021 night shift) dated 16 March 2021

investigation meeting notes re: IG (senior support worker) dated 18 March 2021

investigation meeting notes re: ER (support worker) dated 18 March 2021

statements of GB (the “service manager” at the care home) of 18 March 2021

email sent by GB on 11 March 2021 at 07:46

email sent by AB, another support worker at the care home, on 17 March 2021 at 12:37

care home’s “standard operational procedures” document; amongst many other things, this said that “handovers will take place every shift change …”; “handovers will be full and detailed with a walk round between shift leaders afterwards”

JB daily records for 10-11 March 2021

AW’s supervision records, dated 5 March 2021 and 29 October 2020

JB bowel monitoring chart 16-17 March 2021

photographs of wet bed and clothing

TH bowel monitoring chart 16 March 2021

TH and JB daily records 16-17 March 2021 (we note that JB’s daily records for this night were not in the papers originally disclosed by DBS (on 23 March 2023) to AW; DBS disclosed them some seven months later, on 6 November 2023, when it said that it had come to its attention that it was in possession of those documents)

photograph of wet bedding

“significant discussion” re AW, meeting of 8 December 2020

emails between GB and GLP on 6-7 March 2021

transcript of disciplinary hearing on 7 May 2021

disciplinary hearing outcome letter dated 9 June 2021

disciplinary appeal outcome letter dated 23 July 2021

AW’s initial submissions to DBS, August 2022

seven character references for AW, from four different persons

DBS’s “barring decision summary” document. Amongst many other things, this stated:

(i)

“all four allegations remain proven after representations. However the first one is not seen to be as serious as first thought as it was nearing the end of AW's shift and understandable as to why she did not complete personal care.”

(ii)

a night check was carried out on 16 March 2021 which identified concerns regarding the completion of documentation – completing recording books and bowel monitoring charts in advance and prior to doing checks

(iii)

AW had had a discussion in December 2020 regarding the completion of paperwork following an injury to a vulnerable adult

(iv)

that a decision had been made “to proceed straight [to] minded to bar” as “there appears to be evidence that AW has intentionally neglected vulnerable adults and this caused emotional harm”

undated statement of AW reflecting on 16-17 March 2021 night shift

aa.

five further character references for AW (three from the same people as the character references at x. above)

ab.

witness statement of AW dated 15 December 2023, with exhibits

ac.

supplementary witness statement of AW dated 23 May 2024.

The hearing

AW attended the hearing, gave evidence, and was cross examined

10.

We are grateful to counsel for both parties for their written and oral submissions.