![[2025] UKUT 98 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
SB’s evidence
SB’s evidence
SB’s evidence comprises a single handwritten document (at pages 46-47 of the Upper Tribunal bundle) headed “Sat 25th February 2023” (the date relevant to the Allegations). It is written in the first person, and so appears to have been produced by SB herself. While SB’s name appears at the bottom of the document there is no statement of truth and no signature. We refer to the document as “SB’s Account”.
SB’s Account (which we reproduce in full and as written) reads as follows:
“The morning shift was absolutely lovely with Anna and myself.
No problems everyone was happy.
[RW] came in on her afternoon shift to work with me as I was doing a allday shift [sic].
About 10 to 20 minutes after arriving on her shift everything turned into a complete headache.
She started raising her voice at [AG], shouting and threatening to knock him out. She was pointing her finger in his face, telling him to shut up and to get in his room and to stay there.
She pushed him full on with both hands on his back down his hall way, causing [AG] to stumble, but managed to stay balanced on his feet.
I had to ring [ML] to come out to sort it.
I was horrorfied [sic] to see such disgusting behaviour from a member of staff.
I went home feeling physically sick with a banging headache.
[SB]
Sorry [ML], I just think it will be extremely hard for me to work with this lady again.”
SB was not interviewed as part of the disciplinary investigation, and was not called as a witness at the hearing before the Upper Tribunal.
- 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