![[2025] UKUT 98 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Allegation 1: “Shouted at resident AG”
Allegation 1: “Shouted at resident AG”
We find that RW raised her voice to AG, but she didn’t shout at him, and we accept that the reason she raised her voice was simply to make herself heard due to AG’s hearing problem, and not because she had lost her temper. The DBS was mistaken in its finding that RW shouted at resident AG.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The Disclosure and Barring Service’s decision of 5 April 2024 was based on material mistakes of fact
- Factual background
- Legal framework
- The ‘relevant conduct’ gateway
- The Upper Tribunal’s jurisdiction under the 2006 Act
- The relevant authorities
- The Barring Decision
- The Evidence
- SB’s evidence
- AG’s evidence
- RW’s evidence
- RW’s disciplinary interview
- DBS’s evaluation of the evidence
- Summary of DBS’s case before the Upper Tribunal
- Summary of RW’s case before the Upper Tribunal
- The Upper Tribunal’s assessment of the evidence
- Corroboration provided by AG’s evidence
- Impact of inconsistencies on RW’s credibility, and RW’s live evidence before the Upper Tribunal
- RW’s failure to report her concerns about SB
- No reason to doubt SB’s evidence
- The Upper Tribunal’s assessment of DBS’s findings of fact, and the Upper Tribunal’s own findings of fact
- Allegation 1: “Shouted at resident AG”
- Allegation 2: “threatened to knock AG out, pointing a finger in his face”
- Allegation 3: “told AG to shut up, to go to his room and to stay there”
- Allegation 4: “pushed AG with both hands in his back down the hallway, causing him to stumble”
- Conclusions