GSCC DRCONIAN ……..Again……………….
15-01-10
It seems the GSCC have a bit of a learning problem – as in they never seem to learn from previous WELL REPORTED ERRORS.
I will remind readers that the GSCC is in UNDER SPECIAL MEASURES due to utter incompetence, and despite the “pin up girl” Chairman of the GSCC assurances, nothing seems to have changed.
I must admit (for the very first time) Community Care Magazine http://www.communitycare.co.uk/Home/ have beat me to publication of this story of continued very basic failures of applying justice in its now widely regarded incompetent procedures. See the Community Care Magazine article here: http://www.communitycare.co.uk/Articles/2010/01/14/113547/judge-overturns-draconian-gscc-interim-suspension-order.htm
Usually, Community Care ignore or otherwise overlook such judgements, as imperative as they are to their Stand Up For Social Work Campaign. So, good on them, in reporting this very important item of news – it encourages Wilt.
This case at the First Tier Tribunal (as otherwise known as the Care Standards Tribunal – http://www.carestandardstribunal.gov.uk/) concerns a former Hertfordshire County Council Social Worker – Elaine Bradshaw. She was dismissed from Hertfordshire County Council in January 2009 but, importantly, reinstated on appeal.
Immediately Hertfordshire reported Bradshaw to the GSCC but, wait for it, the Regulator failed to act for five months (and by which time Bradshaw found wok in another local authority) and then only to advise the Registrant that she was under investigation.
You would think, would you not, that the GSCC would take immediate action to note the concern, investigate and possibly take further action, or even, dismiss it – but no, the file sits on a desk for five months. This is the timeline:
It was January 2009 that Bradshaw was dismissed and immediately the GSCC (as they persistently encourage employers to do so) were informed by Herts of their action. It was, finally, considered at a Preliminary GSCC Hearing in August 2009 and she, Bradshaw, was suspended. Efficient, not, we think in terms of timescale. And besides which Bradshaw had an appeal outstanding (which she won) against Herts only a month later! As noted, she won that appeal and had been reinstated, albeit in a different role.
This was to all intents and purposes a “capability issue” and not a “Misconduct” issue, but sadly the GSCC seem not to be able to distinguish between the two. Here are some clips from the transcript of the official findings of the Care Standards Tribunal:
“The power to impose interim suspension orders is draconian. It has the effect of denying the Registrant the ability to work. No findings are made at this stage and whilst the applicant does have the right to a hearing the efficacy of this is seriously affected by the limited nature of the decision making process at this stage.”
“There is no doubt that there is a need to have an interim suspension power. One can envisage numerous circumstances where there is need to impose a suspension to protect the public. Cases of violence, serious breach of trust, mental health issues spring to mind but the categories of such cases are not confined in this way, indeed any case where there is urgent necessity to prevent further or future harm. What all such cases have in common however is the need for speedy and urgent action to protect the public. This is an emergency procedure not an administrative one.”
“In this case the GSCC did not begin to action matters for 5 months. They received information on 21 January but did not begin the process of investigation until 12 June. This is wholly inadequate. If the public were at risk from the Appellant the GSCC’s failure to act upon the information it received for 5 months is totally unacceptable. The irony of this case is that the GSCC are guilty of the very failures that the Appellant has been suspended for, failure to act upon and apply appropriate procedures.”
Note the terms “wholly inadequate” , “failure” and “failures” to describe the GSCC’s own conduct – they were indeed guilty of that which they accused the registrant, Bradshaw, which was effectively “capability”, or put in other words INCOMPETENCE. Except of course Bradshaw was never incompetent as she was later re-employed by Hertfordshire CC. It was the latter and in particular the GSCC who were INCOMPETENT.
The GSCC observations continue:
“It does not appear to us that the committee took into account the delay in processing the matter, the fact that the failures were ones of capability in a supervisory capacity or the inherent unlikelihood of the Appellant getting another job in child protection in a supervisory capacity following her dismissal and the pending a GSCC hearing. They also failed to take into account her own offer to undertake not to seek a post in child protection.”
“It is incumbent upon regulators to act in a timely fashion both in terms of suspension and ultimate disposal of hearings. We have had cause in previous decisions to note with regret the administrative failings of the GSCC in suspension cases (see McCarthy v GSCC [2008] 1391.SW). Suspension should not be used as a means of papering over administrative failings. It seems to us that by August 2009 the GSCC should have been in a position to proceed with a full hearing. They had had seven months to investigate the allegation they had received all the information that they needed from Hertfordshire CC (we saw a large volume of paperwork). We were told at the hearing that the GSCC were still not ready to proceed to hearing 11 months after receipt of the information.”
Note the reference to “administrative failures” above. This is simply that the officers, managers especially and the GSCC legal advisers in particular are utterly incapable of the most simple of analysis work – how many brain cells does one need to be a GSCC officer? Few it appears! Being a GSCC manager – even less! A GSCC lawyer – off the stupid scale! GSCC Committee Member – typical of a Sun reader!
Gawd help us!
And the Care Standards comment further:
“The case does not revolve around issues that directly impact upon public safety but are at one removed, they relate to issues of capability in a supervisory capacity. It may be that lack of capability hits at the heart of social work competences and may render the Appellant unsuitable to be a social worker. That is the GSCC to determine following a thorough investigation and full fact finding hearing.”
It is not the first time the GSCC have been found wanting on procedure or “Administration.” It is not the first time the GSCC have been criticised over its lack of timely action – they are under SPECIAL MEASURES. It is not even the first time that a lack of investigation or incompetence and lack of thoroughness has been observed. But what do they say in response:
“A spokesperson for the GSCC said the regulator was currently considering legal advice regarding the appeal and declined to comment further.” (Community Care article – see link above)
Add to that that the GSCC probably also need basic human rights advice, basic education for staff advice and especially GSCC legal officers sacking advice, together with all managers and Committee Members – including the “pin up girl” Chairman.
Wilt’s internal source at the GSCC indicates absolute “Meltdown” at the GSCC offices both in Rugby and London – and people are leaving or plan to leave the GSCC in droves. Such is the sense of job satisfaction and morale among the workforce.
What next? Oh look here is another GSCC fucking cock up as explained by the Care Standards Tribunal – Evan Philip Morkel-Clemens –V – GSCC. See here: http://www.carestandardstribunal.gov.uk/Public/View.aspx?ID=1057
Another article to follow shortly on the latest GSCC fuckup – they just do not learn.
What firkin idiots – I just love the GSCC who never fail to surprise and entertain me, albeit at the expense of poorly treated and respected social care workers – who deserve a lot better.
Wilt