UT UA-2024-000745-V - [2025] UKUT 129 (AAC)
Upper Tribunal Administrative Appeals Chamber

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

Fecha: 28-Mar-2025

Members of staff

Members of staff

22.

There were also statements from four members of staff. They were all made in answer to these questions:

In your own words describe as accurately as possible:

What happened? How did this happen? What were the events leading up to this?

When did it happen? Date and time if possible

Describe any injury or harm done to the person we support/employee

Were you with anyone else? List the names of any other witnesses

23.

CM was a team leader at EC. She made a statement, which was also recorded in this letter:

I can't remember exact dates and times. But the times I have worked with SLS this has happened.

I have only worked at Property Y for just over a month now.

SLS has on many occasions shouted at JW told him to shut up.

Told him to get out of her face.

Told him to leave the house.

She has told JW that he isn't allowed snacks at night time because he has had a cake or a treat at touch base.

SLS doesn't let anyone have a drink from the hours of 10pm-7am.

SLS doesn't let anyone come in the kitchen of a night time.

SLS won't let anyone have a drink before 7am and she doesn't let anyone have breakfast before 7am.

SLS always says that if HL asks for a drink after his evening meds, we are telling him no.

There is no reason why he can't have a drink after his medication.

SLS has shouted at JW because he's had more than two drinks at touch base. She says that he is getting overweight, and he needs to lose it. So, she then says that he can't have his evening drink.

She doesn't let anyone come and sit in the kitchen. If she hears AP coming down the stairs, she tells him to go away or to piss off

JW has reported that SLS doesn't let him watch the tele at nighttime and makes him go to bed.

SLS doesn't talk to anyone of the people we support with respect. She is very regimented and doesn't let them have their own choices. When they ask to do something, she always tells them no as it's not part of a ‘routine’.

24.

LA was a support worker at EC. He made a statement, which was also recorded in this letter:

After having the below discussion with LA he has Raised the following concerns:

1.

JW was in the kitchen when he appeared anxious and told staff member SLS that he wanted to move homes. SLS replied ‘good, move then’ JW continued to discuss moving to Staff SLS. SLS then told JW ‘shut up and get out of the kitchen.’ JW left kitchen.

2.

JW told staff that he does not want to attend touchbase (at times) this was handed over to SLS. SLS will tell JW he has to attend regardless of the handover. SLS has told LA that she had made JW go because she does not want him in the house all day.

3.

SLS has made the decision to say to JW when he asks to go to the coffee shop ‘NO’, SLS will lie and tell JW he has no money. JW is told by Staff SLS when he is allowed to go for a coffee.

4.

JW is restricted by SLS to how many coffees he is allowed throughout the day he is also restricted with times. JW is not allowed in the kitchen till 7am where he will have a coffee then he is told he has to wait till 0730am for breakfast and is only allowed a tea with this. JW prefers coffee to Tea. This rule was implemented by SLS.

LA feels he has not been able to talk to anyone about these issues until having a team leader as SLS is unpredictable with her behaviour and being a new member of team, he has felt uncomfortable with her actions. Staff members within Property Y don't implement the rules SLS has put in place when SLS is not on shift, and when she is on shift, she will do the above as listed in paragraph 4. LA has been told to arrive 0650 in the morning by SLS which is not when LA starts, SLS tells LA he needs to be in early for a handover (this handover never happens). SLS will talk bluntly and firmly towards LA and other staff which is unwarranted. LA has also been told by SLS that he needs to find childcare or arranged dates he needs off placed in his contract. This is not necessarily as LA agreed this in his interview. LA feels that SLS causes Disruption with other people's shift pattens and will cause conflict within the team.

25.

SD was a team leader at EC. He made a statement, which was also recorded in this letter:

I was going to speak to you face to face tomorrow but I think it would be better in writing.

I picked NR up from Touchbase this afternoon and JW from … walked back with us.

JW did speak to me regarding a historical incident regarding staff SLS regarding putting her hand over his mouth to stop him from speaking. JW advised me that staff SLS swears at him daily and he often gets told to ‘go away’ in home. He did advise that he was being withheld from having drinks at home and can only have this at certain times (I do not know if he is SLT assessed for this or if it is agreed to have restrictions)? JW did say staff have taken his ‘drinks for colds’ (I presume something like Lem[s]ip) away from him. However, I did advise him that it would probably be best for staff to look after this as drinking too many in a period can make him unwell and staff can monitor the times for him. JW did seem ok with this once explained.

JW was quite distressed when speaking to me further and advised that he is very unhappy at home and would like to move because of this. JW did advise in his words, that they ‘would have a fight’. I did question this as he was distressed when speaking, I could not make out if he has been threatened to be hit, if he was being threatening or if he was scared that they would have a falling out. I was trying to ask open questions so no false accusations where made or fabricated and due to him being so upset, it was hard to get the full picture.

I did offer reassurance that this will all be reported and from my understanding from JW, Touchbase have also been notified. I walked with him back home and he did seem ok as staff SLS was not going to be there.

26.

JWa was a shift leader at EC. She made a statement, which was also recorded in this letter:

I worked a shift at … on the 18-12-22 i was asked by SLS to take JW to the town to do some personal shopping i was told he was not allowed to go to the cafe as he had done so the previous day. JW was not happy about this complaining SLS always says his not allowed to do things. I calmed JW down saying he could have a latte when we got back to the house and that his dinner would be ready he seemed ok with that. When we returned to the house at around 12.30 his dinner was nearly ready SLS was serving it up. JW became impatient and came down to the kitchen shouting loudly asking for his dinner SLS began shouting back telling him to f off back to the front room and she would call him when it was ready. JW was very agitated with this as he did want his dinner first. I took his dinner up to him and the situation seemed to calm back down.