UT UA-2024-000745-V - [2025] UKUT 129 (AAC)
Fecha: 28-Mar-2025
Service users
Service users
Three service users made statements. The dates of the statements were not recorded.
ES made a statement:
(notes: ES was agitated today due to his car going in for its MOT)
Are you happy here? No, JW and AP can make me angry inside
Are staff kind to you? Yep, all staff are kind
What do you like about living here? I like my bedroom
What don’t you like about living here? I want to go to Dunstall to see my girlfriend
Has anything worried you? No, but I want my car
Have you seen anything that makes you unhappy? SLS shouts at me telling me to go away
Is there anywhere in the house you can’t go? I’m told to go to bed, sent to my room at night time
ES did not wish to carry on chatting or answering questions.
AP made a statement:
Are you happy here? Yes
Are staff kind to you? Yes, JW is horrible to me
What do you like about living here? I’ve got a nice bedroom
What don’t you like about living here? ES doesn’t give any of my DVD’s back
Has anything worried you? SLS was doing the sleep, JW came down and was sent back upstairs because he was banging and woke up BC. SLS shouted at JW.
Have you seen anything that makes you unhappy? SLS shouts at JW
Is there anywhere in the house you can’t go? Kitchen when SLS is cooking
Whats your normal routine? I do lots, I go to the shed, I choose when I go to bed.
JW made a statement:
Are you happy here? ‘Don’t know really, I want to cook on my own, staff won’t let me, I want to live on my own away from staff.
Are staff kind to you? ‘SLS swears at you, told me to fuck off by shouting’ ‘SLS can’t do that can she, you can’t talk to people like that’ T moans at me and goes through my drawers.
JW was asked when he was sworn at, he states it was 18/12/22 at 12:20, I asked where this happened and he said it was in the kitchen.
What do you like about living here? I like my bedroom and all my new furniture
What don’t you like about living here? The doors slamming, Other people getting up early, not letting me have snacks in my bedroom, SLS put her hand in my face to tell me to be quiet
Has anything worried you? I feel punished and I have to do other peoples jobs
Have you seen anything that makes you unhappy? SLS sends RHL to bed when he falls asleep in his chair
Is there anywhere in the house you can’t go? Kitchen, laundry, snack cupboard, staff toilet, cupboard under the stairs for my drinks
What’s your normal routine? SLS sends me back up to my room if its before 7am, she won’t let me have a drink. She wouldn’t let me watch the world cup final in the lounge and told me to watch It in my room, SLS wouldn’t help me find the right channel on my tv.
With no questions asked JW also raised the below
SLS has been through my pockets before and searches me for sweets and chocolate - JW did state this was a long time ago
SLS wont let me buy expensive trainers for my birthday or a football cup
SLS wont let me go to the café more than once a week and she wont let me buy expensive jeans or a suede jacket
- Heading
- On appeal from the Disclosure and Barring Service (DBS from now on)
- Some abbreviations
- Introduction
- The reason for referring the case to DBS
- The barring provisions
- The appeal provisions
- Mental Capacity Act 2005
- Our approach to the case
- Service users
- Members of staff
- SLS’s statement to her employer
- SLS replied within minutes, saying
- SLS’s representations to DBS
- References for SLS
- Our assessment of the evidence
- Conspiracy
- Influencing the service users
- Limiting choices
- Conclusion
- Proportionality
- whether the objective of the measure is sufficiently important to justify the limitation of a protected right
- whether the measure is rationally connected to the objective
- whether a less intrusive measure could have been used without unacceptably compromising the achievement of the objective
- whether, balancing the severity of the measure's effects on the rights of the persons to whom it applies against the importance of the objective, to the extent that the measure will contribute to its
- Conclusions