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RW’s evidence
RW’s evidence
RW’s written account
RW’s handwritten account of events (found at pages 50-51 of the Upper Tribunal bundle) reads as follows (Footnote: 1):
“My account of events of 25th February 2023
My shift started at 4pm. As I went in to get handover resident ‘AG’ kept calling me. I had told him I was busy and that he needs to wait, but he continued calling me.
I then asked what was wrong? He replied “nothing”. After handover I carried on with my normal duties. During this time three of the residents were generally playing it up. Two of them was going up the stairs on their own, and AG was constantly following me around the home saying “I need you”, “my remote isn’t working”, “you’re not listening to me”, “I have had enough”.
I kept telling him I am busy you just need to wait a bit. I did change the batteries for his remote. Several times during the shift.
At dinner time [SB] sat them down to speak to them about why they was playing up.
I said “Why you playing it up since I have been in?”
During this time [SB] shouted at the residents “Why the fuck are you all not fucking listening to me and RW you all need to start fucking listening”.
I then said to [SB] “You can’t be swearing at them. Just let manager know what’s going on.”
She replied I am going to walked out in a minute as none of you are still listening.
Later on after this event I trying to get into AG bedroom to put washing away, but AG was stood in doorway of his bedroom.
I asked him nicely to move out of the way so I can get through but still wouldn’t move out o the way. So I asked him again. In fact several times. But he wouldn’t move to let me pass. I put my hands on his waist and move him forwards so I could pass. In the same way that is normal process.
Later on [M] (Manager) came in to pick [SB] up to take her home but before leaving [ML] spoke with AG.
After this [ML] and [SB] left. Everything was fine and I carried on with my normal duties including putting [JS and DC to bed as usual and also AG put himself to bed as usual and also AH put himself to bed. During the night I did my duty of going into all residents to make sure they are OK.
The next morning I did the normal handover to the next member of staff.”
- 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