Removal by agreement
Removal by Agreement means that through this process, a registered person can apply to be removed from the Register without being referred to a Panel.
The decision to agree to the application is made at a Case Conference. A registered person can apply for this at any stage in the fitness to practise process.
Applying for removal by agreement does not mean that a registered person has the right to be removed, but it enables Social Care Wales to agree to removal in an appropriate case.
The decision whether to agree the application is made taking into account whether the allegation involves exceptional public interest issues.
Statement of agreed facts
1. Mrs Janet Bell (Mrs Bell) registered with Social Care Wales (SCW) as a Domiciliary Care Worker on 6 July 2020.
2. Mrs Bell was employed by Right at Home Swansea (later Adult Home Care) at the time of the allegation. Adult Home Care has since ceased trading.
3. On 19 July 2021, SCW received a referral from Right at Home Swansea stating that on 23 March 2021, Mrs Bell assaulted a user of care and support (UCAS1). The incident was reported by another care worker who witnessed the alleged assault.
That you, whilst registered as a Domiciliary Care Worker, whilst employed by Right at Home Swansea/Adult Home Care:
(1) On 23 March 2021, slapped a user of care and support (UCAS1) more than once on their arm.
4. The other member of staff who witnessed the incident made a complaint which stated:
'Whilst changing [UCAS1]'s pad and bed sheet my co-caregiver asked [UCAS1] to roll towards her. [UCAS1] complained that Janet was too rough and slapped Janet on the arm. Janet then slapped [UCAS1] back on the arm, [UCAS1] again slapped Janet and Janet slapped [UCAS1] on the arm and said [UCAS1] if you keep slapping me I will slap you back'.
5. During an investigation meeting with her employer, this complaint was read to and she accepted that the complaint was correct. Mrs Bell said words to the effect of, "she has slapped me and I have slapped her back, it's just an instinct [sic] reflex."
6. When asked if she realised that what she had done amounted to abuse, Mrs Bell said, 'Yeah, I know. I do regret it, because afterwards I was thinking I shouldn't have done that. It was something that should never of [sic] happened, I should have just said listen don’t hit me, end of, walked out'.
7. Mrs Bell confirms her agreement to the facts set out in this statement.
8. Mrs Bell confirms that it is not her intention to work in the future in any capacity which would require her to be registered by SCW and that she wishes her name to be removed from SCW's register by agreement under Rule 9 of the Investigation Rules 2020. This statement of agreed facts has been prepared for that purpose.
9. If, contrary to her expressed intention, Mrs Bell should make an application for registration with SCW at a future date, she acknowledges that SCW will have regard to the contents of this statement of agreed facts when considering such an application.