Conduct Hearings Archive - 2011

The table below lists decisions from NISCC Conduct hearings which were concluded in 2011.  Decisions from hearings concluded in other years can be accessed from the Hearings Archives on the left side of this page. Conduct decisions can also be searched according to Registrant Name.

You can use the Check the NISCC Register function on this website to confirm if a person is currently registered with the NISCC. If the details you are searching for are not found or if you require further information about a sanction made against a registrant, contact the NISCC Enquiries Team for adviceTel: 028 9041 7600 or email: info@nisocialcarecouncil.org.uk

 

09/09/11

Social Care Worker - (Robert Ralston McCarthy - Registration Number NI/1147915) Admonished by NI Social Care Conduct Hearing

A Northern Ireland Social Care Council (NISCC) Conduct Committee, on 9 September 2011, decided the case of a registered social care worker, Mr Robert Ralston McCarthy (Registration Number NI/1149715) who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers. Misconduct was found against the Registrant and an admonishment (caution) was placed against his registration on the NISCC Social Care Register for a period of five years.

The Committee found that whilst employed by Fold as a care assistant and care assistant driver, Mr McCarthy took a Seiko watch, either from lost property, or from a Service User without permission to do so and without informing anyone that he had done so. The Committee stated that in doing so, Mr McCarthy had breached the requirement in the NISCC Code of Practice for Social Care Workers for him not to behave in a way, in work or outside work, which would call into question his suitability to work in social care services.

The Committee was informed that the Registrant has no previous disciplinary record with the Council. The Registrant did not attend the hearing and did not seek to submit any mitigating evidence. Having considered all the evidence, the Committee was satisfied that while Mr McCarthy’s actions amount to a breach of the Code of Practice, they were at the lower end of seriousness. The Committee decided that in placing an admonishment (caution) against Mr McCarthy’s registration record, the public interest in maintaining confidence in social care services will be secured and that the sanction imposed is proportionate and will adequately protect the public.

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24/08/11

Social Worker - (Pauline Anne McKenna - Registration Number NI/1091637) Suspended from NI Social Care Register

A Northern Ireland Social Care Council (NISCC) Conduct Committee, on 23 and 24 August 2011, decided the case of a registered social worker, Ms Pauline Anne McKenna (Registration Number NI/1091637) who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers.  The hearing was held in private as permitted under the Health Procedure within the NISCC Conduct Rules.  Misconduct was found against the Registrant and her registration on the NISCC Social Care Register was suspended for nine months.

The Committee found that whilst employed as a Senior Social Worker for South Eastern Health and Social Care Trust, Ms McKenna had:

  • Agreed to a plan for a Service User to care for her sister’s child despite the fact that the Service User’s own child was on the Child Protection Register;
  • Permitted a father who was under investigation for sexual abuse to reside at a house where children were living, and failed to implement Child Protection policies and procedures in respect of this Service User;
  • Permitted the supervision of contact between another Service User and his child by a relative without carrying out the necessary checks on that relative;
  • Failed to follow Looked After Children policies and procedures by advising a new mother that she could have care of her baby contrary to the plan agreed at a multi-disciplinary case conference;
  • Assessed the relative of the new mother as an appropriate kinship carer despite the fact that he was under investigation for assault of a minor;
  • Agreed to the closure of a case in respect of another Service User despite ongoing child protection concerns which had been highlighted by the Service User’s GP; and
  • Brought the Trust into disrepute by making unauthorised amendments to a Looked After Child Report in respect of another Service User, resulting in misleading and false reports being provided to a Court.

 The Committee stated that in doing so, Ms McKenna had breached the requirements in the NISCC Code of Practice for Social Care Workers for her:

  • To strive to establish and maintain the trust and confidence of service users and carers, including: to be honest and trustworthy; to communicate in an appropriate, open, accurate and straightforward way; and to be reliable and dependable.
  • To uphold public trust and confidence in social care services by: not putting herself or other people at unnecessary risk; or not behaving in a way, in work or outside work, which would call into question her suitability to work in social care services.
  • To be accountable for the quality of her work and take responsibility for maintaining and improving her knowledge and skills through: meeting relevant standards of practice and work in a lawful, safe and effective way; working openly and co-operatively with colleagues and treating them with respect; and recognising and respecting the roles and expertise of workers from other agencies and working in partnership with them.

The Committee was informed that the Registrant has been involved in social care work for upwards of 30 years.  Accordingly, it can be assumed that she had acquired a considerable level of experience.  Against that background, the Committee was deeply concerned about the seriousness of the misconduct in this case.  The Committee stated that Ms McKenna’s actions, or omissions, in relation to the Charges before the Committee could have had very serious implications for the children concerned and their carers/families.  The public is entitled to expect professional social workers to act more diligently than the Registrant did as otherwise public confidence in the profession and social care services generally could be adversely affected.

In considering which sanctions to take against Ms McKenna, the Committee took into account the following factors: Ms McKenna admitted her misconduct; she has 30 years experience in social care and has no previous disciplinary record with the NISCC; following a lengthy disciplinary hearing in 2009, her employer (SEHSCT) did not deem it appropriate to dismiss her but rather felt that it was appropriate to issue her with a final written warning and to downgrade her to the rank of social worker; the mitigating circumstances detailed by the Human Resources Manager with the SEHSCT, including general workload pressures and the complexity of the cases under her control; and Ms McKenna has been employed since 30 June 2009 as a residential social worker with SEHSCT and her Team Leader has provided a reference to confirm details of her work and performance.

In this case, the Committee concluded that suspending Ms McKenna’s registration on the NISCC Social Care Register for a nine month period would be fair and proportionate and would maintain public confidence in social care services.

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11/08/11

Social Care Worker - (Charles Trevor Doey - Registration Number NI/2016380) Suspended from NI Social Care Register

A Northern Ireland Social Care Council (NISCC) Conduct Committee, held on 10 and 11 August 2011, decided the case of a registered social care worker, Mr Charles Trevor Doey (Registration Number NI/2016380) who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers by:

  • Verbally and physically abusing a service user; and
  • Throwing or kicking property belonging to another service user across a room.

Misconduct was found against the Registrant and his registration was suspended from the NISCC Social Care Register for six months.

Evidence was provided that Mr Doey had become angry with an elderly service user and shouted at them when they repeatedly attempted to drag their chair out of a room. It was also proven that Mr Doey had forcefully placed the service user’s feet on to their footstool. He was found to have drawn out his hand as if to strike the service user but then tapped them on the side of the leg. The Committee also heard evidence that whilst Mr Doey and a colleague were moving another service user into their chair, their bag and slippers were in the way and Mr Doey kicked or threw the bag across the room and threw the slippers so that they landed at the service user’s feet.

Having established the facts of the case, the Committee found that Mr Doey had breached the following requirements in the NISCC Code of Practice for Social Care Workers:

“As a social care worker you must not: .....Abuse, neglect or harm service users, carers or colleagues; .....or Behave in a way, in work or outside work, which could call into question your suitability to work in social care services.”

The Committee stated that it was deeply concerned about the seriousness of the misconduct in this case. It was alarmed that a care assistant with many years experience acted as the registrant did. He was charged with the care of elderly and vulnerable service users and he failed in his overall duty to them. The Committee found that this physical contact was inappropriate and amounted to physical abuse. They noted that the registrant had been dismissed from his employment in June 2010 following his employer’s internal disciplinary proceedings.

When considering which sanction to impose on Mr Doey, the Committee evaluated the seriousness of the misconduct. It considered that there were several factors which made the Mr Doey’s misconduct serious:

  • The seriousness of the registrant’s breaches of the Code of Practice;
  • The registrant showed considerable lack of insight into his actions and their consequences;
  • Mr Doey failed to admit any wrongdoing during the course of the investigation by the NISCC.

The Committee did, however, in considering the sanction to impose, take account of the following mitigating factors;

  • The registrant has 24 years experience in social care and has never previously been the subject of a referral to the NISCC; 
  •  References were submitted on Mr Doey’s behalf;
  • That, according to a witness, this may have been an isolated incident;
  • The registrant has recently attended a two-day course of training in Managing Challenging Behaviour and Physical Intervention.

The Committee concluded that in order to protect the public and to maintain confidence in social care services generally, it was appropriate and proportionate to suspend Mr Doey’s registration from the NISCC Social Care Register for a period of six months.

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01/08/11

Social Care Worker - Sarah Roy (Registration Number NI/1147699 Suspended from NI Social Care Register

A Northern Ireland Social Care Council (NISCC) Conduct Committee, on 1 August 2011, decided the case of a registered social care worker, Ms Sarah Roy (Registration Number NI/1147699) who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers by:

  • Failing to properly administer medication to two residents.
  • Failing, on a second occasion, to observe proper protocols and procedures in relation to the administration of medication; failing to record which medication had been administered and leaving a medication cupboard unlocked.
  • Failing, on a third occasion, to administer 2 tablets to a Resident and subsequently attempting to conceal the error by removing the tablets from their packet.

Misconduct was found against the Registrant and her registration was suspended from the NISCC Social Care Register for six months.

The Committee found that Ms Roy had breached the requirements in the NISCC Code of Practice for Social Care Workers for her:

  • To be honest and trustworthy;
  • To be reliable and dependable;
  • To meet relevant standards of practice and work in a lawful, safe and effective way; and
  • To maintain clear and accurate records as required by procedures established for her work.

In considering sanctions against Ms Roy, the Committee stated that adherence to medical procedures and protocols is a fundamental aspect of social care practice. Ms Roy had committed a number of medication errors and had attempted to conceal her failures, which questioned her integrity and honesty. The Committee took into account a number of mitigating factors. They noted that Ms Roy had attended the hearing and had admitted all of the facts. They also took into consideration that Ms Roy had already been suspended for a considerable period of time. Therefore, the Committed concluded that it was appropriate and proportionate to suspend Ms Roy’s registration on the NISCC Social Care Register for a period of six months.

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07/07/11

Social Care Worker - Matthew David (Registration Number NI/2005375) Admonished by NI Social Care Conduct Hearing

A Northern Ireland Social Care Council (NISCC) Conduct Committee, on 7 July 2011, decided the case of a registered social care worker, Mr Matthew David (Registration Number NI/2005375) who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers by having been convicted of criminal offences as follows:

  • On 24 February 2010, at Bangor Magistrates Court, Mr David was found guilty of driving a motor vehicle on 10 November 2009 without valid insurance. Mr David was fined £175.00 and 6 penalty points were imposed.
  • On 26 May 2010, at Bangor Magistrates Court, Mr David was found guilty of driving a vehicle on 22 December 2009 without valid insurance. Mr David was banned from driving for 4 months and fined £200.00. 
  • On 26 May 2010, at Bangor Magistrates Court, Mr David was found guilty of driving a vehicle on a public road on 22 December 2009 without displaying ‘L’ plates and without the supervision of a qualified driver. Mr David was banned from driving for one month and fined £50.00.
  • On 23 June 2010, at Bangor Magistrates Court, Mr David was found guilty of knowingly making a false statement on 25 March 2010, namely failing to declare previous driving convictions. Mr David was fined £200.00.

Misconduct was found against the Registrant and an admonishment (caution) was placed against his registration on the NISCC Social Care Register for five years.

The Committee found that Mr David had breached the requirements in the NISCC Code of Practice for Social Care Workers for him:

  • To establish and maintain the trust and confidence of service users and carers;
  • To be honest and trustworthy;
  • To be reliable and dependable;
  • To uphold public trust and confidence in social care services;
  • Not to put himself or other people at unnecessary risk; and
  • Not to behave in a way, in work or outside work, which would call into question his suitability to work in social care services.

 In considering sanctions against Mr David, the Committee made it clear that they viewed the registrant’s motoring/traffic convictions as serious and that it called into question his integrity and honesty. The Committee took into account a number of mitigating factors. They noted that Mr David had no previous disciplinary record with the Council; that he had attended the hearing and had admitted his misconduct. They concluded that it was appropriate and proportionate to place an admonishment (caution) against Mr David’s registration on the NISCC Social Care Register for a period of five years.

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15/04/11

Social Care Worker - Peter Parsons (Registration Number NI/1146181) - Removed from NI Social Care Register

A Northern Ireland Social Care Council (NISCC) Conduct Committee, on 15 April 2011, decided the case of a registered social care worker, Mr Peter Parsons (Registration Number NI/1146181).  Misconduct was found against the Registrant and his registration was removed from the NISCC Social Care Register.

It was alleged that Mr Parsons, whilst employed as a Domiciliary Care Supervisor, falsified documentation as follows:

  • He completed a contact sheet for a service user without having made contact with them;
  • For a second service user, he completed a case file summary sheet without having made contact with them;
  • In respect of third service user, he completed a review sheet and a Case File Summary sheet without having made contact with the service user; and
  • He behaved dishonestly and in breach of practice by signing a mileage claim for a family member.

Having examined all the evidence, the Committee found the above charges to have been proven and therefore found that Mr Parsons had breached the requirements in the NISCC Code of Practice for him:

  • To be honest, trustworthy, reliable and dependable;
  • To declare issues that might create conflicts of interest and make sure that they do not influence his judgement or practice;
  • Not to behave in a way, in work or outside work, which would call into question his suitability to work in social care services.
  • To meet relevant standards of practice and work in a lawful, safe and effective way;
  • To maintain clear and accurate records as required by procedures established for his work;
  • To inform his employer, or the appropriate authority about any personal difficulties that might affect his ability to do his job competently and safely.

Mr Parsons did not attend the hearing, did not offer any mitigating evidence and did not engage with the NISCC at any stage of the proceedings.  The Committee stated they were satisfied that his employer had completed a thorough and detailed investigation which resulted in Mr Parsons being dismissed from his employment.  They also noted that the Registrant only admitted any wrong doing at an advanced stage of the investigation carried out by his employer.  The Committee said that as a senior member of staff, Mr Parsons had an overriding professional responsibility towards service users and his colleagues.  They evidence presented to the Committee showed that Mr Parsons’ actions were well below what would have been expected from someone is his position. 

In considering sanctions against Mr Parsons, the Committee was satisfied that the public must be protected from misconduct of this nature and that removing Mr Parsons’ registration from the NISCC Social Care Register was wholly proportionate and would serve to maintain confidence in social care services generally.

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05/04/11

Social Care Worker (Stephen Hamilton - Registration Number NI/2034020) Suspended from NI Social Care Register

A Northern Ireland Social Care Council (NISCC) Conduct Committee, on 5 April 2011, decided the case of a registered social care worker, Mr Stephen Hamilton (Registration Number NI/2034020) who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers. It was alleged that when Mr Hamilton was employed as a Residential Child Care Worker he spoke to a service user in an aggressive manner and on a separate occasion he was physically and verbally abusive to another service user.

Misconduct was found against the Registrant and his registration on the NISCC Social Care Register was suspended for six months. The Committee found that Mr Hamilton had breached the requirements in the NISCC Code of Practice for Employers of Social Care Workers for him:

  • To respect and maintain the dignity and privacy of service users; 
  • To recognise and use responsibly the power that comes from his work with service users; 
  • Not to abuse, neglect or harm service users, carers or colleagues; 
  • Not to behave in a way, in work or outside work, which would call into question his suitability to work in social care services. 
  • To meet relevant standards of practice and work in a lawful, safe and effective way.

In considering sanctions against Mr Hamilton, the Committee made it clear that they viewed the registrant’s misconduct as serious and that it would be appropriate to suspend his registration from the NISCC Social Care Register. In deciding the time period for Mr Hamilton’s suspension, the Committee took into account that he had admitted his misconduct; he had apologised and had acknowledged the upset that his actions caused to service users. They also noted that Mr Hamilton had already been suspended from the register for 15 months. They concluded that it was appropriate and proportionate to suspend Mr Hamilton’s suspension from the NISCC Social Care Register for a further six months and that this would give him an opportunity to prepare properly for re-entry into the social care sector.

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31/03/11

Social Care Worker (Deborah Armstrong - Registration Number NI/2005172) Admonished by NI Social Care Conduct Hearing

A Conduct Committee of the Northern Ireland Social Care Council (NISCC), on 31 March 2011, decided the case of a registered social care worker who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers. Ms Deborah Armstrong, a registered social care worker (Registration Number NI/2005172) was alleged to have to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers by leaving the Nursing Home where she was employed as a Care Assistant during the course of her shift. Having left the Nursing Home during her shift, Ms Armstrong was alleged to have left a resident, who is a vulnerable adult, unclothed and unsupervised; and to have left a second resident unsupervised using a hairdryer with potential to harm themself.

The Committee found that Ms Armstrong had committed misconduct and an admonishment (caution) was placed against her registration on the NISCC Social Care Register for five years. The Committee found that Ms Armstrong had breached a number of requirements in the NISCC Code of Practice for Social Care Workers for her to:

  • Respect the dignity and privacy of service users;
  • Take necessary steps to minimise the risks of service users from doing actual or potential harm to themselves, or other people; and
  • Not abuse, neglect or harm service users, carers or colleagues.

In considering sanctions against Ms Armstrong, the Committee took into account that she was an experienced care assistant who had been employed at the home for several years and had been an excellent employee until the last six months of her employment. They noted that she had already been dismissed from her employment following internal disciplinary proceedings.

Ms Armstrong did not attend the hearing and did not offer any evidence by way of mitigation. The Committee took the view that although Ms Armstrong may have received what she perceived to be urgent news, she should have finished her tasks and discussed her options with the nurse in charge. They stated that she had an overriding responsibility as a care professional to look after the residents for whom she had delegated responsibility and to whom she had a duty of care. Instead, Ms Armstrong stopped what she was doing immediately and left vulnerable residents at risk. The Committee decided that it was appropriate and proportionate to place an admonishment (caution) against Ms Armstrong’s registration on the NISCC Social Care Register for five years and that this will reflect the seriousness of her misconduct.

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10/03/11

Social Care Worker (Ian Emerson - Registration Number NI/1103557) Admonished by NI Social Care Conduct Hearing

A Conduct Committee of the Northern Ireland Social Care Council (NISCC), on 9 and 10 March 2011, decided the case of a registered social care worker who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers.

Mr Ian Emerson, a registered social care worker (Registration Number NI/1103557) and the owner / manager of a Residential Home was alleged to have:

• Failed to ensure that medical attention was sought for a resident who had sustained a Grade 4 burn to their arm; and

• Failed to comply with the requirements in an RQIA report for him to:

     Maintain up to date care plans for residents;

     Maintain a complaints register in the home; and

     Maintain and review records for residents, including medicine kardexes and daily evaluations.

The Committee did not find the facts of the first charge against Mr Emerson to be proven as stated. They found that the service user may not have presented with a Grade 4 burn in the first instance and that Mr Emerson could only have been charged with failing to seek confirmation from a GP in relation to a reddish/white patch on the service users arm.

However, the Committee did find the facts proven for the second charge. They found that Mr Emerson had breached the NISCC Code of Practice when he failed to comply with requirements set out by the Regulation and Quality Improvement Authority for him to maintain care plans and a complaints register and to maintain and review resident’s records. An admonishment (caution) was placed against Mr Emerson’s registration on the NISCC Social Care Register for five years.

The Committee found that Mr Emerson had breached the requirement in the NISCC Code of Practice for Employers of Social Care Workers for him to implement and monitor written policies on: confidentiality; equal opportunities; risk assessment; substance abuse and record keeping. He was also proven to have breached the requirements in the NISCC Code of Practice for Social Care Workers for him to:

• Help service users and carers to make complaints, take complaints seriously and respond to them or pass them to the appropriate person;

• Behave in a way, in work or outside work, which would not call into question his suitability to work in social care services.

• Meet relevant standards of practice and work in a lawful, safe and effective way;

• Maintain clear and accurate records as required by procedures established for his work;

• Recognise and respect the roles and expertise of workers from other agencies and work in partnership with them.

In considering sanctions against Mr Emerson, the Committee took into account references provided on his behalf. They also noted that no evidence was found of systemic failures over time in this residential home, or the other three homes owned by Mr Emerson. The Committee decided that it was appropriate and proportionate to place an admonishment (caution) against Mr Emerson’s registration on the NISCC Social Care Register for five years and that this will afford the necessary degree of public protection required.

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09/02/11

Social Worker (Roderick McCreesh - Registration Number NI/1099131) Suspended by NI Social Care Conduct Hearing

On 9 February 2011, a Conduct Committee of the Northern Ireland Social Care Council (NISCC) announced their decision from a public conduct hearing held on 3 and 4 February 2011. This was a hearing into the alleged misconduct of registered social worker Mr. Roderick McCreesh (Registration Number NI/1099131). This case had been previously been held and adjourned on 17 August 2010, 27/28 October 2010 and 3 November 2010.

Mr. Roderick McCreesh (Registration Number NI/1099131) was alleged to have breached the NISCC Code of Practice by:

  • Failing to deal with a referral concerning a child and putting forward a file for closure without full investigation;
  • Failing to make an initial assessment regarding a second child, in accordance with the Trust’s Children in Need Policy;
  • Taking a course of action concerning a third child, contrary to a specific direction from his line manager; and
  • Failing to deal with a referral concerning a service user within an appropriate time period.

Misconduct was found against the Registrant in relation to all four charges and his registration on the NISCC Social Care Register was suspended for 18 months. The Committee considered the evidence provided in this case and concluded that Mr McCreesh’s misconduct breached a number of requirements of the NISCC Code of Practice for Social Care Workers. They found that Mr McCreesh had put service users at unnecessary risk; he had not met relevant standards of practice; had not worked in a lawful, safe and effective way and had behaved in a way which called into question his suitability to work in social care services.

The Committee expressed concern that a social worker of many years standing had not demonstrated the initiative to carry out initial assessments in relation to children who may have been at risk of harm. They also stated it was unacceptable that an experienced professional social worker had not monitored his referrals on a more regular basis. The Committee said that the Registrant’s inaction could have had very serious implications for the children concerned and their families. They said that the public are entitled to expect professional social workers to behave more diligently than Mr McCreesh had done, otherwise public confidence in the profession could be adversely affected.

The Committee were concerned at Mr McCreesh’s unwillingness to accept that he was part of a team and therefore should abide by the directions of his line management team. They also noted Mr McCreesh’s considerable difficulty in accepting individual responsibility for his own actions, or lack of them. The Committee decided that it was appropriate and proportionate to suspend Mr McCreesh’s registration from the NISCC Social Care Register for 18 months and that this will afford the necessary degree of public protection required.

This case was appealed to the Care Tribunal 24/06/2011.  The Tribunal upheld the finding of misconduct but considered the 18 month suspension period was too long. The suspension was revoked from this date. Full statement from this Tribunal is available from  NISCC Appeal 1/2011 

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18/01/11

Social Care Worker (Margaret Irvine - Registration Number NI/2014815) Admonished by NI Social Care Conduct Hearing

A Conduct Committee of the Northern Ireland Social Care Council (NISCC), on 18 January 2011, decided the case of a registered social care worker who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers. The Registrant, Ms Margaret Irvine, a registered social care worker (Registration Number NI/2014815) was alleged to have verbally abused a service user and to have failed to respond to the service user’s request to be taken to the toilet.

On the basis of the evidence provided, the Committee concluded that they were not satisfied that Ms Irvine had failed to respond to a request from the service user to be taken to the toilet. However, they were satisfied that Ms Irvine had verbally abused the service user and therefore she had breached the NISCC Code of Practice and was guilty of misconduct. An admonishment (caution) was placed against Ms Irvine’s registration on the NISCC Social Care Register for five years.

The Committee found that Ms Irvine had breached a number of requirements of the NISCC Code of Practice for Social Care Workers. The Code of Practice requires social care workers to respect the dignity and privacy of service users. It states that social care workers must not abuse, neglect or harm service users, carers or colleagues and that they must not behave in a way in work, or outside work, which calls into question their suitability to work in social care services. In considering sanctions against Ms Irvine, the Committee stated that she had directed abusive and totally inappropriate language at an elderly and frail service user. The Committee decided that it was appropriate and proportionate to place an admonishment (caution) against Ms Irvine’s registration on the NISCC Social Care Register for five years and that this will afford the necessary degree of public protection required.

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07/01/11

Social Worker (Joseph Hamill - Registration Number NI/1099439) Admonished by NI Social Care Conduct Hearing

A Conduct Committee of the Northern Ireland Social Care Council (NISCC), on 6 and 7 January 2011, decided the case of a registered social worker who was alleged to have committed misconduct and breached the NISCC’s Code of Practice for Social Care Workers. The Registrant, Mr. Joseph Hamill, a registered social worker (Registration Number NI/1099439) was alleged to have brought his child into his workplace, which was a hostel. He was also alleged to have allowed a staff member to bring a child into the same workplace. Misconduct was found against the Registrant and an admonishment (caution) was placed against his registration on the NISCC Social Care Register for five years.

The Committee considered the evidence provided at the hearing and concluded that, by allowing children to be brought in to the hostel, Mr Hamill had breached a number of requirements of the NISCC Code of Practice for Social Care Workers. The Code of Practice requires social care workers to take steps to minimise the risks of service users from doing actual or potential harm to themselves or others. The Code also requires that social care workers do not place themselves or others at unnecessary risk. The Committee concluded that Mr Hamill had placed both children and service users at unnecessary risk. They also found that the children may have been exposed to confidential information whilst in the office at the hostel and this breached the requirement in the Code of Practice for social care workers to respect and maintain the dignity and privacy of service users – a core value of social work practice.

In considering sanctions against Mr Hamill, the Committee took into account a number of mitigating factors:

• Mr Hamill had a previous good history

• There was no evidence of any actual harm to the children or service users

• Mr Hamill had engaged fully in the Conduct proceedings and had had admitted the facts of the case at the start of the hearing

• It is unlikely that the Registrant will repeat these actions

The Committee decided that it was appropriate and proportionate to place an admonishment (caution) against Mr Hamill’s registration on the NISCC Social Care Register for five years and that this will afford the necessary degree of public protection required. They also revoked the Interim Suspension Order which had been placed against Mr Hamill’s registration, preventing him from practising as a social worker.

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