Night of 16-17 March 2021: TH
Night of 16-17 March 2021: TH
TH appeared to be awake most of the night, looking at family photos. He slept intermittently. The last check AW and PK did was at 7 am: TH was awake, his side light was on, he was sitting on his bed, AW entered the room whilst PK was standing by the door. TH appeared physically well. AW spoke with him; he asked who was coming to attend to his personal care that morning; AW replied that she was about to go for handover and after handover one of the day staff would come to support him. There was no vomit on TH. TH declined personal care from AW (or PK), as he usually did.
- 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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