[2024] UKUT 258 (AAC)

The near-contemporaneous documentary evidence from IG and ER indicated that there was a “handover” from the night shift staff on the morning of 17 March.

IG’s account was that, at the handover, AW and PK said that TH always declined personal care, was aggressive, used bad language and was moaning at them. ER’s account was that AW and PK had said that TH had racially abused them.

IG’s and ER’s accounts was that they attended to TH at 8 am on the morning of 17 March. When asked what she found in TH’s room, IG’s response was

“ER found him, she went to administer meds and ran to me saying he was soaking wet soaking, been sick during night and there was poo. I went to the room and the sick was dry, when you are just sick you can smell it but it was not smelling, room smelt of poo. Wee was leaking from sheet/bed onto the floor”.

When then asked how TH was, IG responded: “He was sitting on his bed and crying.”

When asked what was said about JB “in handover”, IG’s first response included that AW had said that JB was “not changed as he was asleep”. When then asked if she had been told by the night staff in the handover (or around that time) that JB was wet, IG is recorded as saying:

“Actually she didn’t say he was soaking wet but just before they left JB came out of his room and he was soaking wet. AB came in to the office to tell GB, and after AW heard and came in to the office, AB me and GB, she said I gave you handover to say JB was wet in his bed, I said you didn’t say that and that should not be handed over you should change him and she got angry”.

ER’s account was consistent with the above.