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. Mr Jeffrey Butler is registered with Social Care Wales (SCW) as a Domiciliary Care Worker.
2. Mr Butler was employed as a Support Worker by Cartrefi Cymru ("Cartrefi"). He had worked for Cartrefi since 2013.
3. Concerns came to light on 14 April 2020 when another Support Worker noticed that a television had been taken from the Service. It was established that the television was taken at some point during week commencing 6 April 2020. Individual A, a person who was being supported, was the owner of the television. Individual A indicated that the television had been taken by Mr Butler. Mr Butler was suspended on 15 April 2020 pending a disciplinary investigation.
That you, on or about 6 April 2020, whilst registered as a Domiciliary Care Worker and employed by Cartrefi Cymru:
(1) Took a television belonging to Individual A:
(a) without the consent of Cartrefi Cymru management;
(b) knowing that Individual A did not have capacity to consent.
4. When interviewed as part of the disciplinary investigation, Mr Butler admitted taking the television belonging to Individual A. He said that Individual A had asked him to take it to the tip. Mr Butler said that he took the television concerned and put it in the back of his van. He said that when he went to the tip but it was closed until further notice and so he placed it at the side of his house.
5. Mr Butler said that he regularly disposed of unwanted items on behalf of people that were being supported. He also said that he had also previously been given consent by the Service Manager to take goods that were unfit for purpose. However, Mr Butler acknowledged that he had not sought or obtained permission of management to take the television. He also stated that he did not know whether the television was working.
6. Mr Butler also accepted that Individual A did not have the capacity to make financial decisions and had no understanding of the value of money or items of property.
(2) Your conduct in allegations 1(a) and (b) lacked integrity.
7. Mr Butler admits that his conduct in allegation 1(a) and (b) was a breach of the ethical standards of the social care profession.
8. A disciplinary hearing was held on 26 June 2020. The panel found that Mr Butler's conduct amounted to a very serious breach of Cartrefi's policies and procedures and amounted to gross misconduct. In particular, the panel found that Mr Butler had failed in his duty of care to the protection of vulnerable adults and had potentially brought Cartrefi into disrepute.
9. Mr Butler was summarily dismissed and he was referred to Social Care Wales.
10. Mr Butler has applied for removal of his registration by agreement. This statement of agreed facts has been prepared for the purpose of that application.
11. Mr Butler confirms his agreement to the facts set out in this statement
12. Mr Butler 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.
13. If, contrary to his expressed intention, Mr Butler should make an application for registration with SCW at a future date, Mr Butler acknowledges that SCW may have regard to the contents of this statement when considering such an application.