[2024] UKUT 258 (AAC)

In parallel with our findings in relation to JB above, we find that the “daily records” for the night of 16-17 March 2021 are a reliable record of what AW did for TH that night: in essence, she looked in on him periodically (six times overnight) to ensure he was still breathing (when sleeping) and (when awake) that he was generally “okay”. We find that, in the morning (and exactly as recorded in the “daily records”), AW “approached” TH for personal hygiene (i.e. making it quite clear, by body language, that she was offering to do this for him), but that TH reacted (as he was very well known to do, by all who worked at the care home, including its management) by making it clear that he did not want AW to help him (and in doing so, abused her verbally, in all likelihood by reference to her (non-white) race). We find that AW could not “force” TH to accept help from her; and we also find, for the avoidance of doubt, that the care home management was aware of the problem with TH not wanting to receive personal care from AW (and others on night shift who were not “white”) and relied on the fact that there were support workers on the day shift who TH would accept personal care from.

In parallel, again, with our findings in relation to JB above, we find that at the “oral” handover to the day shift, AW probably conveyed, in essence, everything that she had written in the “daily records” over the night – including that TH had been approached for personal care at 7 am and had refused to be helped by AW or by PK.