[2025] UKUT 302 (AAC)

showed PEO as being born in 1986 i.e. he was in his late 30s at the time of the incidents in question;

showed PEO’s job title as night support worker;

described the place where PEO worked at the time of incidents as a supported living environment for six adults with autism, learning disabilities and dementia; it said there were a range of needs from full personal care to prompts and support; three residents lived upstairs and three downstairs;

when she arrived at 7:50 am on 3 April 2023 to complete a medication competency on PEO, VA came out of her room and asked for a cup of tea; her continence pad was clearly full and her pyjamas were soaking;

AW told her that PEO had given him his medication the previous evening; the deputy manager asked the agency staff that was on shift for a statement; he said that PEO had done the medication but the agency worker signed for it;

At 9:30 pm, the resident came to me that he wants his medication, I went to the office and brought the key. I opened the medication box and brought out the file to check the type of medication to give the resident. That same time, PEO came upstairs and acted as if he has been giving them the medication for a while and I allowed him because he is a permanent staff while I am an agency. PEO removed the medications from the sachet, gave it to the resident and he told me to sign after and I said no that I need to count the medication first before signing it.

I made sure I counted medications before signing so as to avoid error and there was an error in what PEO told me and what I counted. He told me the paracetamol is 20 and I counted 18 and I wrote 18.

“I need support at all times when accessing the community and travelling to places; due to covid guidelines, I am not attending any day services at this present time; Mondays: I attend drama club with my mother where I have my tea. I return home 9.30 pm”

“Planned outcomes; for me to continue to attend my weekly day services for as long as I wish to; … to develop my independence and skills in preparing packed lunches and getting my clothes organised for each day …”

“How to achieve outcomes; … for my support staff to prompt me to prepare my own packed lunch. I will ask the staff what I need …; for my support staff to check that I have my packed lunch, monies, and appropriate clothing (work clothes) for the day”;

PEO administered medication to AW without authorisation on 2 April 2023; it said this had been brought to the attention of management by AW and confirmed independently by the agency worker;

PEO failed to carry out the required checks and falsified information in relation to JS on 1-2 April; PEO could have read on the electronic notes that JS was staying overnight at his mother’s;

on 3 April, JS was not left showered or appropriately dressed, and without a lunch pack, despite this being a detailed requirement in his care plan as detailed in the electronic note system;

on 3 April, VA presented to the deputy manager with urine and faeces at 7:50 am, and her bed was wet and needed stripping.