[2025] UKUT 192 (AAC)

Ground 3 is set out at para 12(3) – and paras 25-27 – of the Grounds dated 15 December 2023.

It seems to be clear from the CCTV Footage that MC did not, in fact, say to W, expressly, that he didn’t care what the manager (GS) had said.

In any event any finding that MC’s overall behaviours showed an attitude that he was entitled to disregard the Care Plan and/or instructions of management and/or enforce his own rules is in fact not mistaken. It is well-supported by the Relevant Conduct, including MC’s words: “Don’t tell me I’m not [GS] – I’m just telling you something… you have to obey” etc. Indeed, the apparent acceptance by MC, part-way through the Incident, that W was entitled to use the kitchen for the purposes he was using it at the time, is an aggravating factor. MC’s conduct thereafter was/is, as a result, more problematic and more culpable: it was then about, it seems, his authority and his perceived ability/right to enforce the same on W (W has to “obey”. MC will, in effect, force W into it, and threaten W with direct violence).

Again, any such mistake would be immaterial, given the other elements of culpable conduct. Nor does it seem to have been a feature of Decision 2.