Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 219 (AAC)

Fecha: 12-Jun-2025

The Appellant’s account

31.

The care agency documents provided to the DBS included a short note of the conversation that took place between Nicola and the Appellant on the day in question:

Nicola: please can you tell me, in your own words, what happened today.

The Appellant: Teresa had had her breakfast and was sitting in her chair. I went outside to the garden to hang up the wet washing on the washing line.

Nicola: Did you leave the kitchen door and back door open. I asked this as I could see that with the kitchen door and back door open she would have had a clear line of sight to Teresa.

The Appellant: Yes, the doors were open. When I came back in there was a lady in the hall who told me that Teresa was outside and had had a fall. I went to Teresa and wanted to pick her up and bring her home. The neighbours disagreed and called an ambulance. I did not call an ambulance as a man was already calling. I went back to the house to get Teresa some blankets and cushions to make her comfortable. Teresa told people that she felt fine and she wasn’t in pain. Teresa wanted to get up but the neighbours refused to let her up in case she had hurt herself. I was then asked to get Teresa an umbrella to use as a sunshade. Teresa was able to sit up by herself but the neighbours kept pushing her back down and Teresa started to get agitated. 2 nurses arrived and we managed to get Teresa into the house. The ambulance was cancelled as Teresa was in no pain. I then gave Teresa some cakes and a bun.

Nicola: Did you call the GP?

The Appellant: Yes, the GP will be visiting at some time today or maybe tomorrow I don’t know when.

32.

In her response to the DBS’s minded to bar letter, the Appellant gave the following account of events (we have corrected references to 5 August to 6 August):

On 6 August between 11am and 12 midday, I had washed the client and given her breakfast and medication and she sat on the sofa which is close to the front door. While I was in the garden hanging out the washing, she got up and opened the front door and went out and she fell. The neighbour saw this and informed me. I was wearing my African wrap and the neighbour thought this was a nightgown and assumed that I had been sleeping. They reported this to my care agency and I was dismissed on the 6 August. I have since written to my employer apologising for the incident, but I have not had a reply.

33.

The Appellant gave a similar account in her first witness statement (at p.102):

I went out to hang washing because it was a lovely sunny day (35 degrees) for between 2-5 minutes and somebody pressed the door bell (I ran in from the back yard to answer the door) and she told me that Teresa have had a fall outside, I ran out wrap my wrapper African printed material round me and quickly ran outside to Teresa’s aid, I found her lying on the floor - I asked her if she was alright? - she responded that she was alright, I quickly checked for any injury and could not find any injury, I quickly ran into the house to get blanket, umbrella and pillow so as to make her comfortable - she said she did not want the blanket because it is too hot.

34.

She gave a similar account at our oral hearing, where she explained that she had been “in the back garden hanging out the washing. That was why I needed the sensor mat. I left Teresa at the breakfast table. I was outside drying clothes – I then opened the door and a woman said ‘your client is outside’. I reassured Teresa and went back for a pillow, umbrella and blanket. I stayed with her. I asked a woman to help her stand up to go back to the house. The ambulance man interrupted and asked for her file. He went in the house and picked it up. He gave the impression he had rung for an ambulance.” The Appellant categorically denied that she had been found asleep: “I met the woman in the living room. She did not see me sleeping. They described my attire as a nightie – it was 30 degrees C – you were allowed to wear something comfortable…. The village women said I was in a nightie and so had probably been asleep.” The Appellant stated that it was a “total misdescription” to say she had been found asleep: “I was standing up – she did not find me asleep.”

35.

In answer to questions from the panel, the Appellant described her employer’s falls policy, namely that you do an assessment by checking if the client is communicating. If they are responding, then you reassure them “and that is what I did: I put her in the recovery position and got the pillow etc while we were waiting for the ambulance to arrive … I was waiting 40 minutes for the ambulance to arrive. I got a neighbour to help me stand the lady up and took her back in. I went back in twice while waiting for the ambulance.” She added that she did not know the male neighbour was an ambulance driver. “He phoned my employer and the police. He interrupted my responsibility.”