[2025] UKUT 98 (AAC)

The DBS had before it two documents which relate to two interactions that ML (the manager of the home) had with AG.

The first document (at page 48 of the Upper Tribunal bundle) is a handwritten note dated 3 March 2023, six days after the date relevant to the Allegations. It reads as follows:

“Re [AG]

[M]: [A], did RW push you in the back with her hands and say get into your bedroom?

[A]: Stated and showed actions what RW did by pushing his two hands forward then said I’m alright now.

[A] clearly did not want to say anything about staff. Has it clearly upset him.”

The document is signed by [JH].

The second document (which can be found at page 54 of the Upper Tribunal bundle) reads as follows:

“Statement received 20^th March 2023

Re: [KS] 10^th March 2023

[M] was contacted by [KS] on the 10^th March regarding the incident that had taken place with AG and staff member RW.

[K] asked the Home Manager to ask (A) some Questions regarding the incident.

•

How is (A) After the incident.

•

Replied he was fine.

•

Did (RW) push you with her two hands.

•

Replied Yes pushed me in the back and told me to get into my room. I’m fine.

•

Would (A) Like the Social Worker [K] to speak to his Sister.

•

Replied NO he would like either [J] or [M] to talk to his Sister Liz.

•

[JH] (Deputy) Contacted (A) sister on 8^th of March and informed he [sic] of the incident which took place on the 25^th of Feb.

[K] also asked for the question to be asked.

What do you want to happen to the member of staff concerned?

Replied not to look after him again.

[K] Social Care Facilitator also spoke to [A} personally to see if he was all right. And asked him a few questions.”

AG was not called as a witness at the hearing before the Upper Tribunal.