Night of 16-17 March 2021: general
Night of 16-17 March 2021: general
There was a “spot check” (i.e. an unannounced visit by the home care management (TT and GLP)) in the middle of the night. PK and AW (the night shift) were at first slightly frightened/discombobulated by people coming into the home in the middle of the night (the care home was in a relatively quiet, remote setting). The “spot check” lasted about half an hour.
There was a “handover” by AW and PK to the incoming day staff on the morning of 17 March, as per the usual routine as described by AW 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
![[2024] UKUT 258 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)