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. Ms Daphne Clement ("the Registered Person") registered with Social Care Wales ("SCW") as a Domiciliary Care Worker on 9 October 2018.
2. From 16 September 2002, Mirus Care ("Mirus") employed the Registered Person as an Assistant Team Manager.
Referral to SCW
3. On 28 September 2020, SCW received a referral from Mirus.
4. It was confirmed that the Registered Person had been investigated for a number of allegations, namely:
a. Verbal and emotional abuse of a vulnerable user of care and services, Person D. In particular, on 8 May 2020, the Registered Person displayed intimidating behaviour, was shouting and swearing at Person D.
b. Verbal and emotional abuse of another vulnerable user of care and services, Person A, over a prolonged period of time.
c. A breach of confidentiality, whereby private and confidential information derived from staff members would be relayed to third parties.
d. Falsifying information on MAR charts, including by falsifying signatures.
e. Permitting a member of staff to conduct manual handling without adequate training.
f. Inappropriate behaviour of a sexual and potentially racist manner.
5. At the conclusion of Mirus' investigation, a disciplinary process was commenced.
6. On 21 September 2020, the Registered Person was scheduled to attend a disciplinary hearing. However, she resigned that same day with immediate effect.
7. On 24 September 2020, a disciplinary hearing proceeded in the Registered Person's absence.
8. The outcome of the hearing was that all of the above allegations were upheld. It was decided that, but for the Registered Person's resignation, she would have been summarily dismissed.
9. The Registered Person has now applied for removal of her registration by agreement.
10. This Statement of Agreed Facts has been prepared for the purpose of that application.
11. In relation to the above-stated allegations, the Registered Person makes the following admissions:
a. She authorised an untrained carer to undertake manual handling and administer medication, putting both the carer and users of care and services at risk.
b. She communicated with a user of care and services in an inappropriate and unprofessional manner, by speaking loudly and swearing at him.
c. She re-wrote a MAR chart without authorisation. She did not have the chart re-signed to confirm its accuracy and did not retain the original for scrutiny.
d. She falsified a MAR chart by signing entries for other staff
e. She told a user of care and services, “you have a problem with your head, I have a problem with my knee, Individual A is a black person, he can’t change that”. The Registered Person accepts this was inappropriate, unprofessional and could be perceived as racist.
f. She acted inappropriately and disrespectfully by slapping a male staff member on the bottom.
12. The Registered Person confirms her agreement to the facts set out in this statement.
13. The Registered Person 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.
14. If, contrary to her expressed intention, the Registered Person should make an application for registration with SCW at a future date, the Registered Person acknowledges that SCW may have regard to the contents of this statement when considering such an application.