[2025] UKUT 219 (AAC)

The oral hearing of this appeal before the Upper Tribunal took a morning session (from 10.30 until 13.00). For most of that time (approximately 2 hours) we heard sworn evidence from the Appellant, who was subject to extensive cross-examination by Mr Ryan, as well as to questions from the panel. We therefore had ample opportunity to assess the Appellant’s oral evidence, albeit we accept it was given in a stressful environment and that the Appellant was being asked about events that occurred nearly five years ago.

The Appellant is a very expressive individual who harbours a deep sense of injustice about the way that she has been treated both by her former employer and by the DBS. We found her to be a caring and compassionate individual. For the reasons we go on to explain, we also find that she was placed in an almost impossible situation with regard to acting as live-in carer for Teresa. We say “almost impossible” because she was being asked both to monitor Teresa and to do the various household / domestic tasks such as the washing and cleaning. Based on both the manner and the content of her oral evidence, we found that the Appellant did not always make wise decisions but was rather prone to taking the view that ‘she knew best’ when in fact she was sometimes making a decision that she was not qualified to make.