[2025] UKUT 98 (AAC)

The handwritten notes taken by [JS] at RW’s disciplinary hearing held on 21 March 2023 can be found at pages 55-64 of the Upper Tribunal bundle. What RW is recorded as having said is largely consistent with what she said in her written account. She refers to AG “playing it up”, constantly calling her and asking for help with the batteries for his remote. She says that she asked him “to please go in his bedroom” but denied speaking to or shouting at him as alleged, and she denied threatening to knock him out or pointing a finger in his face.

RW referred to AG constantly asking for things as “misbehaving”. She admitted to raising her voice with AG, but explained that she had to do this because AG is deaf. She denied shouting at AG and denied telling him to “shut up and get in his room”. She said that she “asked him to go back in his room”, and maintained that she did this “nicely”.

It was put to RW in the interview that she pushed AG into his room, which she denied. She said, rather, that she “moved him by placing hands on hips and moving him over. I didn’t push him”. She said “I went into his room, moving him across so I could get past and put the laundry in his room.” When asked “why did you/would you touch him in the first place? Why?” She replied “I don’t know, obviously it was wrong now”. When asked what she should have done she responded “asked him instead of moving him across”.

When asked “Are you accepting you shouldn’t have moved him”, she responded “I shouldn’t have pushed no moved him and waited for him”.

It is clear from the note of the disciplinary meeting that RW was pressed quite hard by those interviewing her, with questions sometimes being asked repeatedly in quite an insistent way. It was put to RW that AG had made clear allegations against her 7 days apart, with “no deviation or changes” from his first statement, and she was asked whether she was saying that AG was lying.