Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 238 (AAC)

Fecha: 27-May-2025

Documentary evidence in the Upper Tribunal bundle

Documentary evidence in the Upper Tribunal bundle

In addition to DBS’s decision letters, evidence in the bundle of 399 pages included:

the 27 October 2023 referral from the nursing home to DBS; this showed

AB as being born in 1962 i.e. she was in her early 60s at the time of the incidents in question;

ii.

that AB started working for the nursing home in April 2022 (i.e. the incidents took place in the first year of her working there); and that her employment there ended after 15 months, in July 2023;

iii.

that service user SA, aged around 50 at the time, required support in most areas of personal care, hygiene, and was physically unable to do this himself; and did not have capacity to consent;

iv.

that the service user whom, DBS found, AB called by a wrong name, had autism and severe learning disabilities and cerebral atrophy;

a resignation letter of 13 July 2023 from AB to the nursing home where the incidents about which DBS made factual findings (apart from the last one) took place; the points made by AB there include the following:

Regarding the accusations of me being abrupt and aggressive to a senior staff member, as many have stated, I speak that way all the time, so it is unfair to assume that I was being rude. The allegations of racism are absurd, and other than one person who accuses me of saying it and also states that I am ok and like her, everyone else's allegation of me being racist was based on hearsay. … Unfortunately, I feel this has spread hatred and gossip about the workplace about me and what I can now only describe as an agenda to have me dismissed. The two complaint emails, sent at the same time on the same date, clearly indicate gossiping and planning of the complaints and allegations of neglect of SA. As per the care plan, SA is 2:1 when receiving personal care, yet the accusation of failing to preserve dignity falls solely onto me. Please note that staff member JJ clearly stated that SA was wearing a shirt until you led him to another answer via your questioning. Also, there seem to be contradictive comments with the answers given; however, the stories of me sitting on the sofa and pointing have been discussed between the staff, as one member of staff indicates in their statement.

an ‘internal investigation report’ by the nursing home, regarding 8 allegations, and citing 11 witnesses, dated 28 June 2023 (9 pages);

a 19 October 2023 ‘disciplinary hearing outcome’ letter (9 pages) from the nursing home to AB, upholding 6 allegations;

evidence on which the above relied, including:

minutes of an investigation meeting by the nursing home on 23 February 2023 with AB (6 pages, each signed by AB); minutes of another such investigation meeting, on 10 March 2023 (11 pages, each initialled by AB);

ii.

minutes of an investigation meeting by the nursing home on 23 March 2023 with MM, a registered nurse at the nursing home (5 pages); and an email from her to the nursing home, on 8 February 2023;

iii.

incident witness statement (10 February 2023, 1 page) by, and investigation meeting minutes by the nursing home (23 February 2023, 3 pages) with, TM, a “domestic” at the nursing home;

iv.

statement by (25 December 2022, 1 page), and investigation meeting minutes by the nursing home (28 February 2023, 5 pages) with, IP, a care worker at the nursing home;

interview notes by the nursing home with MM2 and MV, care workers at the nursing home, dated 28 February 2023 (5 pages and 2 pages);

vi.

minutes of an investigation meeting by the nursing home on 1 March 2023 with AJ, a care worker at the nursing home (3 pages);

vii.

interview notes by the nursing home with AD, a care worker at the nursing home, dated 28 February 2023 (3 pages);

viii.

interview notes by the nursing home with SC, a care worker at the nursing home, dated 2 March 2023 (2 pages);

ix.

interview notes by the nursing home with RG, a care worker at the nursing home, dated 28 February 2023 (2 pages); email from RG dated 6 January 2023;

interview notes by the nursing home with RP, a care worker at the nursing home, dated 28 February 2023 (4 pages); emails from RP dated 25 December 202 and 6 January 2023;

xi.

interview notes by the nursing home with JJ, a care worker at the nursing home, dated 28 February 2023 (4 pages);

xii.

nursing home ‘incident report form’ signed by AB re: incident on 1 December 2022;

xiii.

nursing home’s ‘support guideline’ documents for several service users;

referral from the charity supporting people with learning disabilities dated 3 May 2024; this showed

AB’s role had been as a support worker; she worked there for less than two months, from 22 January to 13 March 2024; AB was dismissed within her six-month probation period;

ii.

the summary of the circumstances which resulted in AB being “removed from regulated activity”, included the following:

a service user reported to the charity that AB, while out supporting her to get her mother’s day cards, shouted at her and told her to get out of the way and pushed her on her back;

the service user was aged in her late-50s at the time; she had a learning disability and could find it difficult to control her anxieties; this could manifest in her throwing/breaking objects or getting into a “tiswas”; she needed supporting around managing her emotional needs, to stop her mental health from deteriorating;

AB denied pushing and shouting at the service user; AB said that the service user had shouted at a little boy; AB asked the service user to calm down and leave the shop; the service user then started to shout at AB in the shop;

none of this had been documented by AB; the records simply stated that the service user had a lovely time out in the community; AB stated that it was not “major” enough to report;

the charity stated that the service user became very withdrawn around this incident;

the charity stated that within AB’s time there, a few services users had reported concerns around AB’s attitude towards service users and AB had been spoken to on two different occasions;

AB’s representations to DBS (undated), which made the following points:

she alleged a coordinated effort to tarnish her character, and a misguided attempt to deflect attention from the nursing home’s shortcomings;

ii.

her mother was very unwell during this time; AB’s requests for time off were declined;

iii.

her actions were always in the best interests of those under her care;

iv.

SA required 2:1 support; she should not have been left on her own;

there were tension between her and MM, the registered nurse;

eight character references;

a letter from the nursing home to AB dated 13 March 2023, referring to AB being absent from work due to stress; and a statutory sick note;

a Care Quality Commission inspection report into the nursing home published on 24 October 2023; the overall rating was “requires improvement”;

termination of employment letter dated 13 March 2024 from the charity supporting people with learning disabilities, and its ‘probation hearing workbook’;

DBS’s barring decision summary document.