[2024] UKUT 258 (AAC)

TH

AW was not to be believed when she said there was a “handover” in respect of TH, at which he was fine: AW was not recorded as mentioning this “handover” in the notes of the care home’s internal investigations

it is open to tribunal to conclude that checks did not occur as documented in the “daily records” for TH – the 7 am check for TH did not occur, DBS counsel suggested

there was inconsistency or lack of clarity in AW’s account e.g. did she offer TH personal care or not? Where exactly was PK at the time?

JB

AW did not emphasise in investigation notes, that she checked JB’s pad at the morning “handover” (around 7:15 am)

AB’s evidence of JB’s urine-drenched state just after 7.30 am i.e. only 15 minutes after the “handover” to day staff, as described by AW

the tribunal should not believe AW’s point about a care home policy not changing JB if he was sleeping: see GB’s 7 April 2021 email on this point; also, note that the “daily records” entries show that JB was changed through the night (when he was sleeping …)

the tribunal should not accept that the 5:30 am bowel check entry was a mistake.