[2024] UKUT 318 (AAC)

RR accepted that occasionally he did not wear PPE properly (for example, he would remove his face mask when on his way to use the toilet); but he said it was always done in a low-risk way, for example, when no one else was within 2m of him. On the other hand, the contemporaneous documentary evidence recorded him as “often” not wearing PPE correctly; being seen walking through the home with his mask down; and these occurrences happening three times on the same day.

It seems to us that, by finding that, at times, RR did not adhere to PPE guidelines, and had his mask under his nose on occasions, DBS well-reflected the evidence, and did not make any mistake.