[2025] UKUT 304 (AAC)

The incident took place on 20 December 2023. There is no audio evidence or CCTV of what happened. IR has dementia and could not give reliable evidence of what took place. The only evidence is that of NAC and his co-worker KD.

NAC and KD were preparing IR for the night. They wheeled her into her bedroom, changed her clothes and pad, and settled her in the bed. IR has dementia and is not an easy person to deal with. Hence the need for two carers. KD described her behaviour that evening as ‘very aggressive, and she was scratching, hitting, pulling, saying unpleasantly’. This, she said, ‘was normal behaviour for her’.

When IR was settled into her bed, KD reported to NE, who was in charge that night, that NAC had hit IR. This was further reported to the duty manager by telephone. NAC was told to collect his belongings and go home.

In the early hours of the next morning (21 December), NE made a note of what happened. She wrote that KD ‘told me that staff member (NAC) had hit IR hard twice! On the head and on the hand.’

KD wrote a short report on 21 December;