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.
1. The Registered Person, Andrew John Richards, registered with Social Care Wales ("SCW") as a Domiciliary Care Worker on 16 January 2020.
2. From September 2017, Mr Richards was employed as a Domiciliary Care Worker by Walsingham Support ("the Company").
3. On 23 September 2020, SCW received a referral from the Company in relation to Mr Richards.
4. The Company confirmed that it was in possession of an electronic recording of Mr Richards "emotionally and psychologically abusing" a vulnerable user of services ("Individual A").
5. The recording concerned an incident that took place on 9 August 2020. It was made by a colleague of Mr Richards, Colleague A, who was working alongside him during this shift, which took place at Parc St Teilo.
6. At the time of the incident, Mr Richard was subject to an improvement plan implemented by the Company.
7. Due to the concerns occasioned by this incident, Mr Richards was suspended and the Company made a safeguarding referral to Swansea City Council.
8. On 22 September 2020, Mr Richards resigned from his position with the Company.
9. Mr Richards accepts that, during the incident on 9 August 2020, he:
a. Behaved aggressively towards Individual A;
b. Shouted loudly at Individual A;
c. Directed foul language to Individual A on more than one occasion;
d. Called Individual A a "monster"; and
e. Caused Individual A unnecessary distress.
10. Having admitted these allegations, Mr Richards also accepts that this behaviour was inappropriate and crossed professional boundaries. He admits that his actions fell below the standard of behaviour expected of him.
Removal by agreement
11. Mr Richards now wishes to make an application for removal by agreement ("the Application").
12. This Statement has been prepared for the purposes of the Application.
13. Mr Richards hereby confirms his agreement to the facts set out in this statement.
14. Mr Richards also confirms that it is not his intention to work in the future in any capacity which would require him to be registered by SCW and that he
wishes his name to be removed from SCW's register by agreement under Rule 9 of the Investigation Rules 2020.
15. If, contrary to his expressed intention, Mr Richards should make an application for registration with SCW at a future date, Mr Roberts acknowledges that SCW may have regard to the contents of this statement when considering such an application.