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.
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.
Statement of Agreed Facts
1. Ms Paula Mooney ("the Registered Person") registered with Social Care Wales ("SCW") as an Adult Care Home Manager on 15 May 2020.
2. From 26 May 2020, the Registered Person was employed as the Registered Manager of the Fairhaven Care Home ("the Home") by Fairhaven Care Home Limited ("Fairhaven").
3. Fairhaven is the registered provider of the Home. At the relevant time, it was registered to provide personal care for up to 33 adults, aged 65 years and over.
4. The Registered Person's responsibilities as the Registered Manager included ensuring the safe running of the Home on a daily basis and the provision of high quality care services to support the rights of its residents.
Referral to SCW
5. On 24 June 2021, SCW received a referral from Fairhaven.
6. The referral confirmed that the Registered Person had resigned from her position on 2 April 2021. Two days prior to this, the Registered Person had been suspended following notification that she was subject to a safeguarding investigation by Conwy Council.
7. This followed a safeguarding referral made on 19 March 2021 regarding a resident of the Home who had been admitted to hospital.
8. The nature and circumstances of this resident's admission led to investigations being conducted by the police and social service in respect of alleged neglect and an inspection by Care Inspectorate Wales ("CIW") on 29 March 2021 ("the Inspection").
9. As a result of the Inspection, further concerns were identified and safeguarding referrals were submitted in relation all of the Home's residents.
10. The Registered Person's conduct was subsequently the subject of three professional concerns meetings prior to a final professional concerns hearing on 6 December 2021.
11. At the conclusion of the professional concerns process, an allegation of neglect was substantiated and the Registered Person was referred to the Disclosure and Barring Service.
12. It is alleged that, as Registered Manager of the Home, the Registered Person failed in her duties in multiple respects as set out and particularised in the following documents in particular:
a. CIW's report dated 26 May 2021 following the Inspection, which identified five areas of non-compliance in relation to the Home and resulted in five Priority Action Notices being issued.
b. CIW's Securing Improvement and Enforcement Panel Referral Record concerning a panel meeting held on 29 and 30 March 2021.
c. CIW's Priority Action Report produced following the Inspection.
d. The minutes of Strategy Meetings convened pursuant to the Wales Safeguarding Procedures 2019 dated:
i. 1 April 2021;
ii. 27 May 2021;
iii. 26 July 2021; and
iv. 6 December 2021.
13. The specific allegations made against the Registered Person include, but are not limited to, her failure to:
a. Ensure appropriate checks were undertaken in relation to staff prior to their employment at the Home.
b. Ensure an adequate environment at the Home.
c. Ensure basic care was provided to all residents, including personal hygiene.
d. Record, report and/or escalate incidents and safeguarding concerns.
e. Maintain effective safeguarding systems at the Home.
f. Ensure appropriate management and recording of residents’ care needs, including medication.
g. Adequately account for residents who were observed with unexplained bruising.
h. Address concerns raised by health colleagues about the poor skin condition of certain residents.
i. Ensure adequate manual handling care plans and appropriately maintained manual handling equipment were in place.
j. Ensure that adequate staff handovers were undertaken and that changes in need were reported to relevant healthcare professionals.
14. The Registered Person maintains that there were a number of mitigating factors that contributed to these failings, particularly the circumstances of the Home at the time she took over as manager.
16. Information provided to SCW has revealed that the Registered Person was previously the Registered Manager of the Birch Tree Manor care home based in the Wirral, which was itself subject to over 26 safeguarding concerns and an intervention by the Care Quality Commission.
17. The Registered Person has now applied for removal of her registration by agreement.
18. This Statement of Agreed Facts has been prepared for the purpose of that application.
19. The Registered Person accepts that she was, as Registered Manager, ultimately responsible for each of the failings outlined in paragraph 10 above and that her actions fell below the standard of behaviour expected.
20. The Registered Person further accepts that:
a. She did not fully meet her responsibilities as the Registered Manager of the Home.
b. She failed to ensure that effective arrangements were in place to ensure the safe running of the Home.
c. Her actions directly contributed to residents of the Home being placed at risk of neglect and unnecessary harm.
21. The Registered Person confirms her agreement to the facts set out in this statement.
22. 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 .
23. 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.