[2024] UKUT 052 (AAC)

That the Respondent has made material errors of fact in relation to this decision in that:

The DBS made findings that the Regional Manager made a statement and placed reliance on that evidence in making that decision, when no statement was obtained from the Regional Manager;

Made a finding of fact that the door was ‘placing a chair under the door handle so he could not leave’ when the evidence relied on was not consistent with this finding;

Made a finding that the Appellant had not explained why the door was ‘wedged’ when the evidence provided two different accounts from witnesses one stating ‘wedged’ and the other stating ‘barricaded’;

Made a finding of fact that the Appellant was asleep when there was no evidence to support this;

Made a finding that the Appellant had not provided an explanation for why the light was off when this explanation was provided.

And that the Respondent had made material errors in law in that:

The DBS has failed to undertake their duty to investigate in failing to request the contemporaneous written statements taken from the Appellant and Mrs A on the night of the incident which is clearly materially relevant and therefore have failed to take into account relevant evidence in reaching their conclusion;

Failed to complete the relevant parts of the SJP in relation to the ‘Counter Indicators’ for Cognitive Factors, Relationships, Behavioural Factors which come from the care home’s Frontline worker report which has led to an error in their decision-making process and therefore an error in law;

Failed to attach any or sufficient weight to the Appellant’s previous good character and practice.