Documents recording GB’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
GB’s account speaks of a meeting with AW, PK and IG on the morning of 17 March “discussing the events of the previous night” (she says this meeting followed the staff having a handover). The meeting finished just after 7:30 am. AB then went to attend on JB; soon after, AB came to GB and made her aware that JB was sodden in urine; AW was just leaving and “called out” that she had handed over (to IG) that JB was wet; GB took photos of JB’s top, and the stain on his bed, at around 7:50 am. Shortly after this, IG asked GB to come see TH. GB reported that, when she visited TH at around 8 am, TH said he was “not happy”, and was sitting in wet pyjama bottoms and a wet bed; his top had dried vomit on it and there were deposits around his mouth. With TH’s permission, GB took photos of TH and his bed. In response to being asked whether anyone came to see him in the night, TH shook his head.
GB’s email to GLP of 7 April 2021 stated: “there is nothing in the guidance to say [JB] should not be woken up. JB hardly wakes when he’s changed, he is semi-conscious, and goes straight back to sleep afterwards. Since I’ve been doing the nights I regularly change him around 0100-0200 and he goes straight back to sleep”.
Documents recording AB’s views shortly after the night of 16-17 March 2021
AB’s account, concerning both JB and TH, was consistent GB’s, IG’s and ER’s, as summarised above.
- 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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