Archive for the ‘Care Standards Tribunal’ Category

Wilt wondered what was going to happen with this case – Rosalind Shaw. It is listed here for a Care Standards Tribunal appeal date to be fixed.

http://www.carestandardstribunal.gov.uk/Public/View.aspx?ID=1072

Rosalind Shaw’s case  was reported in Community Care, here:

http://www.communitycare.co.uk/Articles/2009/10/06/112793/hospital-social-worker-struck-off-for-repeated-failings.htm

The GSCC press notice is here:

http://www.gscc.org.uk/News+and+events/Media+releases/Rosalind+Shaw+conduct+hearing.htm

Wilt commented at the time:

“Well, let us take Rosalind Shaw a 65 year old Hospital Social Worker. There is no suggestion that she was a serial failing social worker over many years. She never robbed anyone or shagged her clients. At the end of a career most of us are ready to be shelved and our performance and energy is less than it should be – in fact it must be rare to find social workers still active at 65 years.” – see: http://regulatorwatch.co.uk/2009/10/dorks-with-bells-on/

There was nothing proportionate in removing the woman from the Register and it seems Ms Shaw agrees.

What is ironic is that the GSCC attempted to have the appeal “struck out” but the Care Standards Tribunal have refused. The GSCC had asked for more time to submit evidence for the “strike out” (which has not been forthcoming for months) and yet when Shaw (who had not attended the GSCC hearing) had previously asked the GSCC for a postponement, they refused.

What goes around comes around!

These case matters are always difficult to predict, but I remain amazed the woman was removed from the register – I think the Tribunal might find it a bit excessive. Again the issue is competence (and probably difficult working conditions) and not conduct. If there was ever a misuse and abuse of the term “conduct” the GSCC hold the gold medal as they are equally guilty of abusing process and power.

Good luck Rosalind.

Posted by Wilt on March 12, 2010

This is going to be an interesting case. It had many a headline during the prolonged GSCC hearing and Hofstetter had a bit of a disagreement with Community Care on their reporting of the case.

http://www.communitycare.co.uk/Articles/2010/03/12/114043/Children39s-social-worker-to-appeal-against-being-struck.htm

A supporter of Hofstetter was once a regular correspondent on these pages and there is certainly another side to the story. Regrettably Wilt will be away for the appeal to the Care Standards Tribunal, otherwise he would have observed.

Keep calm Jacinter – however justified you might be how the GSCC deal with things.

Wilt

Posted by Wilt on March 12, 2010

It seems the GSCC are becoming a little more thoughtful and considered in their judgements as is evidenced in this case, http://www.communitycare.co.uk/Articles/2010/03/09/114008/lancashire-family-support-agency-worker-admonished.htm which is further encouraging of their newly found proportional response. It is in contrast of course to more historical cases, not least in relation to Arthurworrey as one example, where clearly they were out to earn their spurs and prove to the Government that they were worthy of their existence – a history littered with despicable and outrageous attitudes.

Whilst there are signs of improvement we have not yet removed them from the Dork List and of course we must not let them become complacent. They are of course fighting for their existence at the moment and are effectively still under special measures.

We are still watching.

Wilt

Posted by Wilt on March 10, 2010

Hearings……..

03-03-10

Here is the latest list of GSCC hearings: http://www.gscc.org.uk/Conduct/Conduct_hearings/Upcoming_hearings/

And here are the latest Care Standards Tribunal list of hearings: http://www.gscc.org.uk/Conduct/Conduct_hearings/Upcoming_hearings/

The GSCC are to revise their website and you can comment here: http://www.gscc.org.uk/Home/ – beware however they log who has commented! We wonder why?

Wilt

Posted by Wilt on March 3, 2010

The GSCC http://www.gscc.org.uk/Home/has announced a new dream team to heads up its directorate – we at Regulator Watch think it is a to be short lived (Royal) team.

The official press release is here: http://www.gscc.org.uk/News+and+events/Media+releases/news_release_22-02-10.htm

The Community Care article here: http://www.communitycare.co.uk/Articles/2010/02/22/113866/gscc-appoints-three-to-senior-positions.htm

We wish them well……………

They have a major task on their hands and the greater scrutiny to the value for money/competence (combined with very severe public spending cuts) we admire these people for taking on such a disgraced organisation still under special measures.

Part of the dream team is Sherry Malik who is presently employed by Cafcass where she is corporate director of strategy and performance. That inspires confidence, given Cafcass is virtually under special measures themselves on issues of strategy and especially performance!

Gawd help us!

Meanwhile there is no news on March GSCC hearings, but the February list is here:

http://www.gscc.org.uk/Conduct/Conduct_hearings/Upcoming_hearings/

The details of concluded hearings are here:

http://www.gscc.org.uk/Conduct/Conduct_hearings/recently_concluded_hearings/

Nor have the Care Standards Tribunal http://www.carestandardstribunal.gov.uk/ yet updated their recent findings, see here: http://www.carestandardstribunal.gov.uk/Public/search.aspx

You can find up-coming hearings here: http://www.carestandardstribunal.gov.uk/hearings.htm

Wilt (on the case)

Posted by Wilt on February 22, 2010

The CCW (Care Council for Wales) who are the equivalent of the GSCC have made a 5 year admonishment of a former Barnardo’s worker for fiddling his expenses, as set out in this Community Care article here: http://www.communitycare.co.uk/Articles/2010/02/11/113775/ccw-admonishes-welsh-social-worker-for-dishonest-behaviour.htm

Naughty boy, but then he has had a good example to follow in our dishonourable MPs. Was he prosecuted we wonder?

Meanwhile the Scottish Nationalist Party and Deputy First Minister Nicola Sturgeon has advocated to a Court in Edinburgh that her constituent Abdul Rauf should not be imprisoned for fraudulent claims of state benefits amounting to £80, 000 whilst owning a property worth £200,000 (which he rented out) and lived in a further property worth £400,000. It also emerges that Mr Rauf had a previous conviction for fraud (£60,000) and was sentenced to four years in prison. Obviously the TWAT does not lean and is simply a greedy bastard.

See the BBC article here: http://news.bbc.co.uk/1/hi/scotland/8510133.stm

Ms Sturgeon pleads that the man is married with children under 10 years of age and has already paid back £27,000 of his fraudulent claims.

I suppose it is our fault, we elect these fools. I am growing in my opinion that these frauds, when they are locked up, should be made to pay for their upkeep i prison – a bit medieval but it reduces my tax bill.

Also in the news is the new IPSA (Independent Parliamentary Standards Commission) who will cost us ££6.5M per year to employ 80 staff – that equates to £8, 250 per employee. Obviously that will include accommodation, National Insurance, Pension and other “on costs” but it still seems a bit steep. Do they really need 80 staff? I think not.

See the Telegraph article here:  http://www.telegraph.co.uk/news/newstopics/mps-expenses/7211733/MPs-expenses-watchdog-will-cost-6.5m-and-employ-80-staff.html

Also note that the Chairman of the IPSA (http://www.parliamentarystandards.org.uk/) Sir Ian Kennedy is on a three day a week £100,000 per year contract and whilst in his previous role with the Healthcare Commission as Chairman run up taxi expenses of £15,000!

Is this the right person for the job, we wonder? Gawd help us. Only Gordon Brown could have made this appointment – what a TWAT!

As yet no comment on this that I can find from Guido (http://order-order.com/) – he must be down the pub. I will join him shortly.

Also remember, the Healthcare Commission became the Care Quality Council – ex the NCSC and CSCI. Their website is here: http://www.cqc.org.uk/

If you want to apply to join the new IPSA, go here: http://www.theipsa.co.uk/microsite/index.asp

My application is in the post……….

Wilt

Posted by Wilt on February 11, 2010

The Care Standards Tribunal http://www.carestandardstribunal.gov.uk/ has also listed several further GSCC appeals.

See the list here: http://www.carestandardstribunal.gov.uk/hearings.htm

There is one VERY familiar name here

Hofstetter v General Social Care Council
Date: 15-18 March 2010
Judges: Judge John Aitken & John Reddish
Specialist Member: Susan Howell
Venue: Care Standards Tribunal, 18 Pocock Street, London SE1 0BW

The above settles the venue, time and membership which the Care Standards Tribunal have spent numerous weeks on devising. Was this an “administrative challenge” or a determination to have the right people in place to ensure a proper analysis of this complex case matter?

However, the date is fixed, the venue known and the Tribunal Members identified – miss it at your peril.

Personally, I think the GSCC are about to get another major bashing.

Other CST appeals:

ND v General Social Care Council
Date: 10 February 2010
Judge: Laurence Bennett
Specialist Members: Jenny Cross & Ray Winn
Venue: Care Standards Tribunal, 18 Pocock Street, London SE1 0BW

AND

Turay v General Social Care Council
Date: 15 February 2010
Judge: Laurence Bennett
Specialist Members: Janice Funnell & Jim Lim
Venue: Care Standards Tribunal, 18 Pocock Street, London SE1 0BW

AND

TR v General Social Care Council
Date: 16 February 2010
Judge: Maureen Roberts
Specialist Members: Susan Last & Chris Wakefield
Venue: Birmingham Magistrates Court, Corporation Street, Birmingham B4 6QA

Fun times……..

Wilt

Posted by Wilt on February 1, 2010

It’s good to see BASW are keeping up to date on the issues relating to the GSCC continued failings, see CC article here: http://www.communitycare.co.uk/Articles/2010/01/25/113636/basw-urges-transparency-on-gsccs-interim-bans.htm

Meanwhile BASW CEO and former MP Hilton Dawson is mixing it with Community Care Readers and Journalists as set out here: http://www.communitycare.co.uk/blogs/social-work-blog/2010/01/hilton-dawson-steps-into-cares.html

Good on him – however I still think the prospects of a BASW run (Royal according to idiot Balls) Social Work College is very, very scary, almost as scary as Balls. Megalomania and “don’t run before you can walk” comes to mind when Dawson says BASW’s concerns are simply to do with a creating a “national” college without Big Brother looking over their shoulder – try pulling the other one, Hilton. Mind you – BASW is coming on and has a far better voice than the last couple of decades, and that is down to Hilton Dawson, even if Wilt is uncertain of his tactic.

We do like Mr Dawson however, and we think him well meaning and hard working. I seem to recall reading that their membership has increased significantly – however not me, yet.

To help you keep up to date with social care news: http://www.communitycare.co.uk/Home/

Wilt

Posted by Wilt on January 26, 2010

I have always wondered, and I remain baffled, as to why on the one hand the Courts and the like such as the Care Standards Tribunal always publish the names of the Judge, magistrate or tribunal member, whereas the GSCC do not!

Is that odd, or is it just me? Why are GSCC Committee Members, charged with upholding confidence in the social care profession and determining the future of Registrants, not named either in adjudications or the (usually) press – usually as some have recently been named in the press (and some here on Regulator Watch).

If you are in public office – well, put simply, you are public! So what is the issue? Is there something to hide? Something to protect – possibly? Or is it just simply another example of GSCC general dishonesty, efforts to remain unaccountable and to try to obscure and obfuscate who and what they do, for a living – you know like to avoid accountability?

Well, a mate of Wilt is about to find out via a FOI application…………………

Now that could take numerous months (as distinct from the usual 28 days) to determine – so do not hold your breath.

In the interim here is a list of published Committee Members: http://www.gscc.org.uk/Conduct/Conduct_hearings/Committee+Members/

Wilt

Posted by Wilt on January 17, 2010

In this latest episode of how the GSCC make a complete balls of things you can discover the depth of incompetence, laziness and ineptitude demonstrated by the Regulator. Read on only if you want a good laugh at their expense whilst again, in usual scary fashion, trying to destroy another social work career.

These people (GSCC) need culling, soon.

When was the last time you so a press release on the GSCC website front page that explains that they got things badly wrong? See: http://www.gscc.org.uk/Home/

When they were put under special measures – yep and had little option.

When their Chief Executive was suspended and subsequently sacked? Yes they did then too.

When criticised by the Employment tribunal – yep, but that was very defensive and incompetent.

When they totally messed up over Lisa Arthurworrey – yep, but that too was rather defensive.

Generally those nice people at the GSCC hope that the facts never get made known to the wider public, in the long and now growing list of complete bollocks they generally make on issues of conduct, and or addressing complex issues relating to Registration of social care workers.

At one time they argued, “…………..we are a young organisation and learning…….” Mmmmmmmmm! Yeah, sure!

Now these nice GSCC people get it right most of the time, to be fair, but usually only because others have done the work for them and supplied the facts to them – like employers or the Courts.

Simple, no effort other than checking out that the matter has been reasonably dealt with (a no brainer with the Courts) by the referrer e.g. the former employer, AND that misconduct as distinct from capability issues have ACTUALLY taken place AND that action such as a Suspension Order is timely and absolutely necessary. Now you would think if the Registrant had left the Country that the decision to Suspend might have a bearing on the meaning of necessity i.e. why suspend someone outside of their jurisdiction.

It seems to me quite simple, even for the most simple minded of GSCC officers, Committee Members and legal officers.

This is the case of Evan Philip Morkel-Clemens who is South African of German decent (by his mother’s family) who was qualified and EVENTUALLY first Registered and then suspended as a qualified Social Worker by the GSCC.

EVENTUALLY, in this instance, means that Morkel-Clemens was Registered by the GSCC almost 12 months after he applied. Yes, 12 months – albeit he had a recognised qualification from South Africa. In the Interim 12 months his employer West Berkshire (i.e. Newbury) employed him first as a social work assistant and later (before Registration – thus unlawfully) as a social worker in a FRONTLINE service area which he never intended to be working in – he had no experience of child protection – his background being in education settings, counselling of young people and family support.

The Care Standards (First Tier) Tribunal (http://www.carestandardstribunal.gov.uk/ ) have dealt thoroughly firstly with the GSCC but also with West Berkshire Council (http://www.westberks.gov.uk/) who were BOTH utterly incompetent in dealing with the case of Mr Morkel-Clemens.

The case matter is set out in forensic detail here: http://www.carestandardstribunal.gov.uk/Public/View.aspx?ID=1058

Forensic is not a term however one could apply to the GSCC OFFICERS, COMMITTEE MEMBERS or LEGAL ADVISORS. Forensic is an unknown term at the GSCC as it requires a modicum of intelligence, usually a large degree of analysis and investigation (e.g. work) and something called care, professionalism and integrity. You know, those things the GSCC aim to uphold in others. Yeah!

Well, this is what the Care Standards Tribunal found:

“Having carefully considered the papers and the written arguments submitted, the Tribunal reached the conclusion that the procedure adopted by the Respondent Council [GSCC] and by the Preliminary Proceedings Committee of the Council in this case was wholly unfair to the Applicant and that decision of the Preliminary Proceedings Committee was unreasonable and not supported by any compelling evidence that it is necessary for the protection of members of the public or otherwise in the public interest for the Applicant’s registration to be suspended pending a decision by the Conduct Committee in relation to a formal allegation that the Applicant was guilty of misconduct.”

After referencing various parts of the Rules governing the GSCC the Care Standards Tribunal remarked:

“The Tribunal was not satisfied that, in this case, the Council properly followed the procedure set out in the Rules.”

And the Tribunal went on to explain why:

“Much of the material placed before the Respondent Council by West Berkshire Council did not amount to a complaint within the meaning of the Rules.  There was much material designed to establish that the Applicant was a poor performer and worthy of dismissal but little to establish that he was guilty of misconduct. It does not appear that any attempt was made to isolate “a specific allegation or allegations of misconduct”.  The mass of material was simply amalgamated with the Applicant’s registration file and handed on.”

Furthermore:

“Little or no analysis of the case against the Applicant appears to have been undertaken prior to the hearing before the Preliminary Proceedings Committee.  The material presented by West Berkshire Council was apparently accepted without further investigation or clarification.”

“Little or no analysis…… “Now that is a surprise, NOT. It requires something those nice people at the GSCC find difficult –work. Where have we heard all this before?

The Care Standards were not holding back, they added in this long transcript:

“The document purporting to provide details of the allegations upon which the application to the Preliminary Proceedings Committee was based was hopelessly defective.  It was merely a slightly modified transcription of the document prepared by West Berkshire Council as a “list of concerns” about the Applicant’s abilities and repeatedly used by that Council when considering the Applicant’s performance.  This was never intended to be a detailed list of allegations of misconduct. In its modified form the document was a list of very general allegations of misconduct. Nothing in it could properly be regarded as “specific”.

“Hopelessly defective……….” I like that one! Why be specific – just feel the width one can hear the GSCC people saying!

The Care Standards continues:

“The document purporting to be a “statement setting out why the registration of the registrant should be suspended” was similarly deficient.  It contained no details and relied upon potentially confusing cross-references to other documents.  The seriousness of the allegations was referred to but, since those allegations had not been specifically identified, that reference lacked meaning. The “most serious” allegation was said to relate “to lack of skills in assessing risk and responding in a timely manner”.  However, the documents incorporated by reference contained no specific allegation of failure by the Applicant to assess a risk and/or to respond to it.  Recipients of the document would have had to guess to which of the various matters referred to in the papers this allegation related.  No evidence relating to the likelihood of any further incidents of harm to service users or others, occurring in the period before the final disposal of the complaint, was specifically identified in the document. There was a submission to the effect that “the allegation in question, if proved, would demonstrate misconduct of a serious nature such that public protection would be compromised”.  Since “the allegation in question” was not identified, this submission was meaningless.  It was further submitted that “the registrant’s actions have led to a breakdown of trust”.  This was neither evidence nor a legitimate submission since the relevant actions of the Applicant and the identity of those who might have lost trust in him remained unspecified.  It amounted to little more than a vague assertion that the Applicant had been properly and fairly dismissed by his employer.”

“Meaningless………..”, “vague assertion…………..” are not or should not be terms associated with a Regulator. What were the GSCC doing for Gawd sake? But it does not end there:

“Later in the document purporting to be a statement setting out why the registration of the registrant should be suspended it was noted that the Applicant might be currently living in Switzerland. No attempt was made to confront the proposition that no conceivable need for the protection of members of the public could arise if the Applicant, who has attained normal retirement age, was out of the jurisdiction and was not working or attempting to work as a social worker. It was simply submitted that there was “a real likelihood of repetition” (of unspecified bad and/or dangerous behaviour) because the Applicant would be “free to return to practise in this country” if not suspended. It was also said that the West Berkshire Council would no longer be able “to act as a safeguard” since they had dismissed the Applicant.  The absurdity of the latter proposition was apparently not recognised by the author of the document.  The Applicant only had dealings, as a social worker, with members of the public in England between February 2007 and November 2008 because West Berkshire Council appointed him, probably improperly and illegally, to a social work post and confirmed that appointment, notwithstanding that the Applicant was not, as they knew, registered as a social worker at the material time.”

The author of the GSCC report was “absurd.” Is that what the CST said – yes. Oooooooooooops! That is a new adjective to add to the catalogue of descriptions of the GSCC staff – I just love it!

And yet there is more:

“The Respondent Council [GSCC] placed before the Preliminary Proceedings Committee a voluminous, unedited bundle of documents, many of which were duplicates and others of which had no relevance to the matter in hand. This placed a burden upon the Committee which they might reasonably have regarded as intolerable. More importantly, it placed the Applicant in an intolerable position. He had no reasonable prospect of being able to determine, in advance, the documents to which attention would be given and those which would be set aside as irrelevant. He was thus unfairly hampered in the preparation of his case.  The relevant documents should have been extracted from the material supplied by West Berkshire and properly presented both to the Committee and to the Applicant in a coherent form.”

See what I mean by lazy? Believe me this is fairly typical of the GSCC.

The Care Standards Tribunal adds:

“Any accused person faced with general allegations can only respond with general denials, which will inevitably appear unconvincing.  This is obviously unfair.”

And when, exactly, were the GSCC last known to have INTENDED to act with fairness? Never – in my long examination of their work. Wilt will let you know if that changes.

Is it intentional or just stupidity and laziness – in reality probably equal measures of all three, I suspect. There are some not very nice people at the GSCC as well as stupid ones – so beware. Being lazy seems just par for the course.

In this rather helpful adjudication the Care Standards Tribunal refine their observations further (and should act as good advice for Registrants and as a marker for the GSCC) as follows:

“The absence of a clear statement of the specific allegations relied upon or to be relied upon was particularly unfortunate in this case because the Applicant was, and is, aggrieved by the apparent shift of the case against him from one involving lack of capability to one involving allegations of misconduct.”

They explain:

“The potentially useful references, by the Presenting Officer, to the alleged breaches of the Code of Practice during the hearing highlighted the complete lack of specificity which ran throughout this case.  Mr Grant recited nine provisions of the Code which he suggested that the Applicant had breached.  However, he did not specify when and in what circumstances those breaches were alleged to have occurred. For example, Mr Grant read out paragraph 6.1 of the Code of Practice, which requires social workers to “meet relevant standards of practice and working in a lawful, safe and effective way”.  He then commented that “genuine concerns” had been “raised about [the Applicant’s] ability to meet relevant standards”.  Mr Grant thus completely missed the opportunity to specify each occasion upon which it was, or was going to be, alleged that the Applicant failed to work in a “lawful, safe and effective way”.  Similarly, Mr Grant read out the provision of the Code of Practice (paragraph 6.2) relating to the maintenance of clear and accurate records.  He then commented that “there have been concerns raised about the quality of core assessments … and about reports generally” but failed to identify any specific core assessment or any other report prepared by the Applicant which was alleged to lack clarity or to be inaccurate.  In any event, it was too late for this task to be undertaken during the hearing.  The identification of specific faults should have been undertaken before the hearing and properly communicated in writing to the Committee and to the Applicant.”

And:

“The Committee’s reasons, given orally by the Chairman, reflected the unsatisfactory nature of the papers placed before the Committee and the unsatisfactory nature of the hearing, including the inability of the Applicant to address the relevant issues. The references to “the allegations concerning lack of knowledge and understanding of procedures, lack of skills in assessing risk, poor time management and lack of ownership of cases” and the further references to the lack of “evidence of change” suggest that the Committee followed the Presenting Officer’s invitation to pay attention to the opinions expressed by the Applicant’s managers as to the Applicant’s general incompetence.  They also suggest that the Committee did not identify or isolate the specific allegations of misconduct that they might have found in the papers.  Having failed to identify and/or isolate the allegations, the Committee could not determine the gravity or otherwise of each of them.  The Chairman made no reference to any specific allegation of misconduct on the part of the Applicant.  His reference to the “gravity of the allegations, their nature and seriousness and the period of time over which they occurred” had little or no meaning in the absence of any findings as to precisely what those allegations were.”

And to add insult to injury:

“The Committee’s written reasons for their decision were deficient in that they were merely a recitation of the test to be applied and of the matters to which the Committee is required to have regard. The decision lacked specificity and did not enable the Applicant or the Tribunal to discern any valid reasons for the Applicant’s suspension.”

Their further observation:

“The decision should have contained a concise account of the findings of the Committee as to the specific allegations of misconduct made, or to be made, against the Applicant; a concise account of the findings made by the Committee as to the seriousness or otherwise of each of those allegations and a meaningful summary of the factors considered by the Committee when arriving at the conclusion that it was necessary for the protection of members of the public or otherwise in the public interest for the Applicant to be suspended pending investigation of those allegations.”

The tribunal concluded:

“The Respondent’s decision dated 3 August 2009 to make an Interim Suspension Order in respect of Mr Evan Philip Morkel-Clemens for a period of six months shall not have effect.”

So, will the GSCC ever learn? I fear not – there have been too many repeats of the same errors over numerous years. And I add this submission made by the GSCC to the Care Standards Tribunal, as follows:

“……..the Conduct Committee will, in due course, consider the allegations of misconduct and it is not for the Tribunal to usurp their function by making findings of fact now…………”

“Usurp………..” Now, I kind of think that may have upset a few people at the Care Standards Tribunal (CST). So the GSCC do not feel the CST have a role in these matters – all I can say is thank Gawd they do.

The GSCC simply have utter contempt for the law.

As a reminder, find the CST adjudication here:

http://www.carestandardstribunal.gov.uk/Public/View.aspx?ID=1058

Wilt

Posted by Wilt on January 17, 2010