[2025] UKUT 302 (AAC)

We find that (for good reasons) it was not the norm for PEO to provide ‘personal care’ to service user VA (as VA, who was female, wanted this to be provided by female staff); and, more generally, that PEO was adequately providing care for VA on the morning of Monday 3 April 2023, and not neglecting her care; DBS thus made a mistake to find otherwise.

In coming to this conclusion, we have (again) found PEO’s evidence on the matter to be coherent, plausible and believable. We do not necessarily disbelieve the short written accounts of the deputy manager and the other support worker (see [11d i. and 11h] above) (namely, that shortly before 8 am, VA came out of her room needing personal care; and her bed needed changing); but this was “snapshot” evidence (in relation to the question of whether PEO was adequately caring for VA that morning) – and as we have had the benefit of PEO’s evidence about the context (in particular, his longstanding and good caring relationship with VA), we do not think it correct to infer from this snapshot evidence that PEO was not adequately caring for VA at the time. It seems to us more likely, even if we accept the accuracy of the written accounts of the deputy manager and the other staff worker, that the situation (of a service user needing to be changed) arose in the normal course and not a result of PEO’s negligence.