[2024] UKUT 286 (AAC)

‘I had been working in the Care industry with vulnerable adults for over 17 years at the time of this investigation and I have an unblemished record. I have worked in a number of roles and for various companies, all of which I have done with the upmost pride and professionalism which I am sure any of my previous employers will confirm.

I was employed by [the Employer] in May 2020 as a Carer (bank Staff) and was then asked If I wanted the role as Senior Care Assistant in 2021. I declined at the time as I didn’t want the responsibility however the manager asked if I could take on the role part time until they found someone to fill the role which I agreed to. The role was never filled and after a period of time, HR advised that I would have to come off being Bank Staff and be contracted to the role of Senior for [the Employer]. I was never asked to complete any form of application form. I was taken by my manager [S] and advised I would need to interview but she stated she would fill out the paperwork so it didn’t matter and no interview was ever completed.

I carried on in the role for several months and despite numerous requests for training in various areas, including Care Plans I was never given any formal training in the role of Senior. I requested training also as part of my yearly appraisal and again although this was promised, it never happened. I was told by my manager that she would personally complete some Care Plan training with me but against despite several requests this never happened.

The allegation on the 18th September related to me not contacting the District Nurse Team regarding a service users catheter tube being cut are not as have been stated. On the night in question I was working along with another Senior Carer, [LS], who had been asked to come in specifically to work on Care Plans as I had not been trained to do them. Following the incident with regards the catheter, I spoke with [LS] and asked her advice on what I should do as the following day was a bank holiday and I wanted to check that services were the same as on a normal day. [LS] advised me to "leave it until morning” to contact the District Nurse as they wouldn’t come out at that time and that it was extremely busy. [LS] had been a senior for much longer than myself and was fully trained and therefore I took her advice. On reflection, I now see that I should have made the call at the time to the District Nurse however I took the word of a more experienced colleague which again on reflection was naive of me.

On nights, working for [the Employer] I had two buildings to cover with approximately 83 residents, many with challenging behaviour. Every other team had two Seniors, however due to staffing issues I was always on my own covering the two buildings with very limited staff. In view of this and the fact that the service user had only been with us a couple of days I had not had chance to read her Care Plan. The amount of work was unmanageable and despite this being told to management on numerous occasions, this issue was never addressed. I spent most of my time having to cover the floor assisting staff with care needs due to the majority being agency staff and not knowing the job which more often than not took me away from my Senior role.

It is stated that it was my role to read service user Care Plans, but I would like to again re-iterate that I had no formal training of any kind for my role as Senior and no training on Care Plans. On the night in question, another Senior was working additional hours updating and reading Care Plan and that Senior advised me to leave the call until morning.

The allegation that I "couldn’t be bothered” is completely untrue. The member of staff who alleged this had also made allegations that I was asleep when on duty which let to an internal investigation and was found to be untrue and evidence proved this. I would therefore suggest that this member of staff is untrustworthy and has been proven to be a liar. I have worked in a care role for many years and I disagree strongly that I would ever put my own needs above any service user and show a lack of care.

Whereas on reflection I should have contacted the District Nurse immediately, I feel a lack of training, unmanageable workload and naively taking advice from another Senior more experienced than me are the reasons why this didn’t happen, not because I showed a lack of care or neglect to a Service User.

With regards the allegation from the 6th July 2021. This incident was dealt with at the time internally by the company where I was given a written warning. My PPE was removed whilst on my unpaid break whilst having a cigarette and was outside in the staff car park.

As I hope you can appreciate, these allegations have caused me significant upset. I am no longer in a role which I have done for 17 years with no Issues and which I pride myself on as giving everything to the sector. I have a passion for care work and the fact that I can no longer do this has had a massive impact on my life. I am still on medication as a result of the actions and allegations made by [the Employer] and have suffered significant financial issues being out of work because of the impact.

At this time because of what has happened I have no intension of going back into the Care Sector however I would like there to be that opportunity for me maybe some time in the future as Care work has been a big part of my life for so long and something that I am extremely good and passionate about.

I respectfully request that you consider allowing me permission to make representations against the allegations as documented above.’