Review of the key evidence
Review of the key evidence
The evidence of AW – the only witness to give “live” evidence
Routines of support workers on night shift
AW’s evidence was that, when the night shift took over from the day shift, or vice versa, there was a “handover”, both by way of the outgoing team speaking to the incoming team about information relevant to the service users in their care, and by means of the two teams going round to see the service users individually in their rooms.
The night staff’s duties included giving personal care to service users, including changing their incontinence pads, and putting them to bed. Once service users had gone to bed, the night staff would do things like clean the service users’ clothes and clean the communal areas. Whilst doing this work, night staff were expected to check on service users - and if the service user was wet due to incontinence, the night shift would change their pads and reposition them.
In the morning, night staff would provide personal care to the service users that were awake; night staff would check at around 6 am to see who was awake, and if they were wet, night staff would change the service users before “handover” to day staff.
- 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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