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.
Agreed statement of facts
1. The registered person, Jayne Jones, is registered with Social Care Wales (SCW) as an Adult Care Home Manager.
2. This Statement of Agreed Facts has been prepared in the context of Ms Jones' application for voluntary removal of her name from SCW's register under Rule 15 of the Care Council for Wales (Fitness to Practise) Rules 2014 ('the 2014 Rules').
3. It should be read together with the documents annexed, namely:
Annex 1: NMC Consensual panel determination: provisional agreement:
- Appendix 1: CSSIW Notice of Proposal to Cancel Registration
- Appendix 2: Reflective letter of Ms Jones
Annex 2: NMC Voluntary Removal Decision 13 December 2018:
4. Ms Jones was employed as the Registered Manager of Plas Y Bryn Care Home, Caernarfon ('the Home'). The Home was registered with CSSIW (as CIW was then known) to provide care for up to 61 residents who required nursing care. Ms Jones began working at the Home in October 2009 and was appointed as the Registered Manager in August 2010.
5. Ms Jones was also registered as a nurse with the Nursing and Midwifery Council (NMC).
6. In August 2015, Ms Jones was suspended by her employer. CSSIW made referrals to both the NMC and the Care Council for Wales (as SCW was then known) regarding Ms Jones.
7. The regulatory concerns related to Ms Jones’ poor management of the Home over a period of approximately 10 months from October 2014 to August 2015. During this period, there were failings in relation to employing suitably able and qualified staff, monitoring systems for reviewing and improving care, meeting service users’ needs fully, ensuring timely medical interventions, ensuring safe systems for medication administration, safeguarding, elimination of risks to the health and safety of service users and arrangements to prevent service users being harmed or suffering abuse.
8. On 22 December 2015, CSSIW issued a Notice of Proposal to Cancel Ms Jones' registration as Registered Manager of the Home. (See Annex 1: Appendix 1). This Notice identified numerous breaches of the Care Homes (Wales) Regulations 2002 ('the Regulations'). The overall conclusion was that Ms Jones was non-compliant with Regulation 10(1) of the Regulations in that she 'failed to manage the home with sufficient care, competence and skill'.
9. Ms Jones had the opportunity to make written representations following receipt of the Notice of Proposal to Cancel, but did not do so. On 22 January 2016, the Home closed. On 25 January 2016, CSSIW issued notice of its decision to cancel Ms Jones' registration as the Registered Manager. Ms Jones admits the breaches of the Regulations as set in the Notice of Proposal to Cancel.
10. Ms Jones has not worked since 2015 in any capacity. Ms Jones was made the subject of an Interim Suspension Order by SCW in 2015, but this expired in 2017. At that time the relevant legislation did not permit extension of an interim order beyond two years.
11. Ms Jones was also made the subject of an Interim Suspension Order by the NMC. Under its different legislative powers, the NMC continued to seek extensions of the Interim Suspension Order in the High Court up until conclusion of the NMC proceedings at the end of 2019.
12. On 9 July 2019 the NMC Case Examiners referred Ms Jones to a Fitness to Practise Committee on the basis that her fitness to practise as a registered nurse was impaired by reason of her misconduct. Ms Jones admitted the following charges:
That you, a Registered Nurse, whilst employed as the Registered Manager at Plas Y Bryn Nursing Home ('the Home') did not display/provide adequate leadership and management in that you:
(1) Failed to ensure that the Home was compliant with any/or all of the regulations/provisions of the Care Homes (Wales) Regulations 2002 as referred to in Schedule 1;
(2) Failed to comply with Regulation 10(1) of the Care Homes (Wales) Regulations 2002 by failing to manage the Home with sufficient care, competence and skill;
AND in the light of the above, your fitness to practise is impaired by reason of your misconduct.
13. Ms Jones accepted the NMC legal team's 'sanction bid' of a nine month suspension order with review in the terms contained in the provisional agreement set out in Annex 1. Ms Jones admits the facts set out in the provisional agreement.
14. Ms Jones applied to remove her name from the NMC register. Ms Jones signed a declaration that she would not seek readmission to the NMC register for at least five years.
15. Ms Jones also provided the NMC with a reflective piece in which she said:
'My desire was always for Plas Y Bryn's staff to deliver the highest standard of care possible. With the benefit of hindsight and much reflection, I have to admit to myself, and now the NMC, that I could/ should have done more and better as a Registered Manager. My leadership and actions/omissions within the last year of my employment caused failures which impacted the care delivered at Plas Y Bryn for the residents and staff. This may have impacted detrimentally on residents, residents' relatives and friends and staff. This is to my ultimate shame and regret. I would apologise to each and everyone involved if I could'.
In the same reflective statement, Ms Jones also said that she 'should have identified the problems before they became issues' and she acknowledged her 'inadequacy in [her] responsibility as a Registered Manager to resolve failings and non-compliance issues'(Annex 1: Appendix 2).
16. In the light of the above considerations, a decision was made by the Registrar of the NMC to approve Ms Jones' application for voluntary removal from the NMC register (Annex 2).
17. Ms Jones admits the facts contained in this statement and in the documents at Annex 1 (and the appendices thereto) and at Annex 2.
18. Although the charges referred to in paragraph 12 above were drafted in the context of Ms Jones' role as a registered nurse, Ms Jones acknowledges that the charges related specifically to the performance of the role of an Adult Care Home Manager for which she is registered by SCW. In relation to that role, Ms Jones admits:
(a) the failings referred to in paragraphs (1) and (2) of those charges;
(b) that those failings amount to misconduct (defined in the 2015 Rules as 'conduct which calls into question the suitability of a registrant to remain on the Register without conditions'), and
(c) that her fitness to practise as an Adult Care Home Manager is impaired by reason of that misconduct.
19. Ms Jones acknowledges that, as a consequence of her name being removed from SCW's Register by agreement under Rule 15 of the 2014 Rules, Ms Jones may not make an application for restoration to SCW's Register until the expiry of a period of five years from the date on which her name is removed from the Register.
Removed from the Register