Other evidence
Other evidence
Care home records completed during the night of 16-17 March 2021
“Daily records” for JB recorded as follows (all entries were made by AW except the last one, at 7:30 am):
16 March; 10 pm: “checked fall asleep, repositioned well in bed and checked dry no concern”;
11:58 pm: “”checked asleep, wet pad changed and repositioned well no concerns in bed”;
17 March 2:35 am: “checked appears asleep breathing OK”;
4:35 am: “appeared asleep pad checked wet changed and back to bed settled asleep no issue”;
5:32 am: “checked appears asleep pad dry and OK”;
6:45 am (unclear): “remains in bed asleep, pad wet in deep sleep breathing and body movement observed”;
7:30 am to 9 am: “woke up around 7:30 am and crawled to the lounge. He was incontinent of urine. He was drenching in urine. …”.
JB’s “bowel monitoring chart” recorded as follows:
16/3 11:58 pm;
17/3 5:30 am
“Daily records” for TH recorded as follows (all entries were made by AW except the last one, at 8 am):
16 March 9 pm: “checked appears asleep breathing and body movement observed”;
11-11.05 pm: “checked asleep breathing observed”;
17 March 12:45 am: “checked asleep breathing noted”;
2 am: “checked awake seated on the edge of the bed no issue”;
3:30 am: “checked remains awake talking to himself calling different names of his family members”;
4:45 am: “check still awake talking to himself”;
7-7:30 am: “remain awake approach for personal hygiene declined wanting for day staff and screaming at staff”;
8-10 am: “This morning after night shift handover I come to – room knocked at his door. TH was upset and crying. TH was cover sick in his bed during the night? Also soaking wet. I asking – can I help him with his morning personal care and TH say yes please”.
- 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)