We can never take absence of evidence as evidence of absence. However, none of the units' officers mention charge orders coming from anywhere except Uxbridge. That morning Uxbridge is recorded as delegating freedom of action to Vivian and Vandaleur. He could hardly pass down that which he did not have himself. Wellington's recorded post charge comment to Uxbridge "Well. Paget, I hope you are satisfied with your cavalry now" does not jibe with Wellington having ordered the charge.

Indeed, the late Marquis of Anglesey in 'One Leg' p363 casts doubt on the Duke being a witness of the charge itself, much less it's architect.

The circumstantial evidence is stacking up against the Duke as the source of the order in favour of Uxbridge.