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, Mr Jolyon Mervyn Evans ('Mr Evans'), is registered with Social Care Wales (SCW) as a Residential Child Care Worker.
2. Mr Evans first registered as a Residential Child Care Worker on 15 August 2019. He was employed by New Reflexions Care.
3. On 27 May 2020, Mr Evans was referred to SCW by his employer. The referral stated that Mr Evans had been dismissed in relation to allegations that he had smoked an illegal drug, namely cannabis, when on duty on 5 May 2020 and on two earlier occasions. These allegations are summarised below:
That you, whilst registered as a Residential Child Care Worker and employed by New Reflexions Care:
(1) On 5 May 2020, smoked cannabis while on duty
(2) On two unknown dates before 5 May 2020, smoked cannabis while on duty
4. Late on the evening of the 5 May 2020, two senior members of staff discovered Mr Evans and another registered worker smoking illegal drugs (cannabis) in the garden of the home whilst at work. Following a call to the “on call” manager, both Mr Evans and the other member of staff were asked to leave the home at that time.
5. Mr Evans was contacted on the 6 May 2020 by the Human Resources Manager, New Reflexions Care and advised that he was being suspended pending investigation.
6. Mr Evans was subsequently invited to attend an investigation meeting on the 14 May 2020, which he attended via telephone. A copy of the minutes of this meeting are exhibited to this statement.
7. During the meeting on 14 May 2020, Mr Evans admitted that he had smoked cannabis at the home on 5 May 2020. When asked if he thought it was acceptable to smoke marijuana at work. Mr Evans replied, “No. I feel that in my own headspace I don’t feel I was coping as well as I thought I was with lock down. I am incredibly relieved not to be working in that job now.”
8. Mr Evans stated that he had brought the cannabis to work with him and that he knew that these actions were unacceptable.
9. During the meeting on 14 May 2020, Mr Evans also admitted that he had smoked cannabis on two previous occasions since the onset of COVID 19 restrictions, but was unable to specify the dates when he had done so.
10. Following a disciplinary hearing on 22 May 2020, Mr Evans was summarily dismissed for gross misconduct.
11. Mr Evans admits the facts contained in this statement. Mr Evans also admits that his conduct in each of the allegations amounted to serious misconduct.
12. Mr Evans confirms that he does not intend to work in the future in any capacity which would require him to be registered by Social Care Wales. In the event that such an application is subsequently made, Mr Evans acknowledges that, in considering the application, SCW will have regard to the contents of this statement.
Removed from the Register