UT UA-2024-000745-V - [2025] UKUT 129 (AAC)

Without a conspiracy, SLS’s argument that the service users were influenced is much weaker. What they said was consistent with what the staff said. They were also consistent with each other. SLS is right that we do not know what the context was in which the interviews took place. We do not know what conversations took place with each of them. We do, though, know what questions were asked, as well as information volunteered without specific questions. The questions were open ones and the answers sound realistic. There is nothing in the questions or answers, individually or collective, to suggest, let alone show, that the service users’ answers were not honest, unprompted and freely given. Finally, all the service users had full capacity to make decisions. SLS told us, after being asked several times, that there was no assessment of capacity for any of them.