Suspended for GROSS MISCONDUCT!

[Mizzdeelite]

Hi,

 

I hope you don't mind me chipping in ....

 

Firstly I appreciate how difficult this must be for you, it must be awful to be in your position and you must feel powerless, particulalry as you are not being given any clear information.

 

However, be reassured that the timeframe for these investigations can vary greatly based on a number of different factors. I would guess from the information you have provided in previous posts, that due to the communciation needs of the alleged victim, they will need support to provide information, possibly an advocate, to work with them. This can take time to set up. It is of paramount importance that people with disabilites are given as much support, guidance, information and time as is necessasry to ensure that their human rights are upheld, and that they are empowered to recognise abuse and alert the relevant people to this - as I'm sure you are aware.

 

Secondly, if there is not enough evidence uncovered through the investigation to bring a charge of theft against you, then I doubt very much you will be told the full details of who raised the alert. This is to protect both them and you once you return to work. That is not to say that you should not be supported throughout this process. Managers have a duty to provide support to both the alleged vicitm and alleged perbetrator in these situations. You should contact your HR department and ask for support. If you work for a private home, whereby the Manager and Owner provide all employee support, then contact your Local Authority Safeguarding Team for advice and guidance.

 

Thirdly, I am not suprised that your Manager asked you to attend the SOVA training before suspending you. The Care Quality Commission (CQC) as part of their registration procedure and monitoring framework insist that all Care Workers receive Safeguading training and that this is regularly updated. It should be mandatory training for your organsiation, therefore I would be interested to know if you had Safeguarding training when you first started your job, during your induction?

Your employers must also provide evidence that employees are thoroughly vetted, not just through CRB checks, but also robust references and for example proof that the indivudal has the right to work in the UK.

 

Lastly, a SOVA Investigation requires an internal investigation, but may require an external case conference arranged by the Local Authority Safeguarding Team. This will include relevant key people from your place of work, the Local Auhtority Care Managerment Teams and Contract Management Teams, the Police, Nurse/GP etc, your Home Manager and so on. Getting these people together (particulalry over the last few weeks due to the Easter break) is a huge challenge and takes time (and yes I agree it should be priority, but the reality is it can take a few weeks).

 

The priority for your manager will be to ensure that she adheres to her Duty of Care to protect the residents of the home. In situations such as this, it is not uncommon to suspend a staff member on full pay. However they should have supported you, and explained clearly that an allegation had been made and was to be investigated, that there was no evidence to suggest you are guilty, however, as is procedure, and for your own protection (emotionally / socially / future realtionships with colleagues and residents etc) you would be suspended for the duration of the investigation. You would also be told that should you be found guilty you would have you employment terminated for gross misconduct and likely also face criminal proceedings etc.

 

It does not sound like you received this support, and this is the basis for your grievance, and you can put this forward as part of the feedback process that should follow all Safeguarding investigations. You can then also forward your feedback as a formal complaint to your employers.

 

There is a huge number of allegations investigated every day across the country in Health and Social Care. This is of course absolutely justified, and should continue. But try to be assured that there are also many indiviudals who are falsley accused, and do return to work and continue to provide high standards of care and support and have a very successful and rewarding career. The procedures are in place to protect the people we support, and sometimes for a variey of reasons, innocent people get wrongly caught up in these. If you are innocent then you really do not need to worry about your future career in H&S Care.

 

Hope that helps!

 

Cheers, Bx

[KimmiiChoo]

Hey everyone and thanks for all the replies.

 

So just an update, but still not any the wiser about the situation and still could use some advice.

 

So, Monday evening I get a call from the police asking for an interview and I was more than happy with this seeing as its taken almost 3 months to get this far.

I went to meet him in the police station on Tuesday at 11am and was told I was their voluntary and I could leave if I wanted and that I was entitled to a solicitor etc but I refused, I didn't feel like I needed one.

So anyways, first things first I told him the information he was giving me was the first I'd heard of any of the whole situation, he told me what I was supposed to of done and then asked me a few questions and I answered them complete honest with an open mind. It was easier to answer his questions with out knowing anything weirdly lol

 

So anyway, today I had a phone call saying "the police are taking no further action"

 

So what's next? What does this mean for me and going back to work?

[Emmzzi]

write (do not call) your employer and ask to be reinstated as the police are taking no further action

 

Then post back here with the response

[KimmiiChoo]

write (do not call) your employer and ask to be reinstated as the police are taking no further action

 

Then post back here with the response

 

 

What does the police thing mean though? Does that mean that POvA has also dropped it and I should be allowed back to work?

[Emmzzi]

You'd have to ask the police to be sure but it sounds like it to me

 

Bear in mind the standard of evidence for an internal investigation is lower than that of a police case so you do need to check your employers position. It is not 100% you will be reinstated but it seems very likely.

[KimmiiChoo]

I hope I am. I miss working.

 

I'm worried about going back to that care home. I'd much rather a transfer now. The thought of going back their makes me a bit strange

[altobelli]

Hi, I think your employer would be on shaky ground legally if they didn't allow you to return after the police deciding there is no case.

 

If you are able to return, I'd strongly advise doing so. It may be difficult at first, but I would recommend returning, even if its only for a time while you look for another job.

[KimmiiChoo]

Hi, I think your employer would be on shaky ground legally if they didn't allow you to return after the police deciding there is no case.

 

If you are able to return, I'd strongly advise doing so. It may be difficult at first, but I would recommend returning, even if its only for a time while you look for another job.

 

 

I tried explaining to work 3 months ago that their wasnt a case as I wasn't in work when the item was stolen and when the officer said the item was taken on the 10th March, then it hit the nail on the head because I was at my nan and bamps ruby anniversary so I couldn't of been in work stealing when they're a good 30 miles away from each other lol. The officer wasnt even told we had a Rota book or allocations book but as soon as he checked those he instantly dropped the case. So why are work dragging their feet?

I want to go back to stand strong and clear my name,

It's been dragged through the mud lately.

 

Thank you for reply x

[Emmzzi]

So why are work dragging their feet?

I want to go back to stand strong and clear my name,

It's been dragged through the mud lately.

 

Thank you for reply x

 

No idea, when did you write to them?

 

You only posted here on Thursday so they may have got the letter Friday and now it's Monday; I think not having heard yet is normal.

[ericsbrother]

Are you still being paid? If not, why not.

[KimmiiChoo]

Yeah I'm still being paid, and people keep saying "stop worrying, you're still getting paid" but that's irrelevant.

I like to earn my money. I've never been one to sit around so this past couple of weeks I've been on the hunt for a new job

[KimmiiChoo]

Work are really dragging their feet. I sent the letter Thursday asking what's happening next and I spoke to my partners brother who is a police inspector and he said work should take my back now seeing as it was all a big lie.

[KimmiiChoo]

Work are really dragging their feet. I sent the letter Thursday asking what's happening next and I spoke to my partners brother who is a police inspector and he said work should take my back now seeing as it was all a big lie.

 

 

Still no word off work. What shall I do next? I'm away next week from Monday - Friday

[KimmiiChoo]

I think this has all been resolved.

Just had a call off my manager who said to go in tomorrow in my uniform.

 

Thanks for all your help x

[stu007]

Hi

 

Thank you for the update and your kind words to those that have been giving you advice I am sure they will all appreciate that as does CAG.

 

Please keep in touch and lets us know how it goes and if you have any further issue you know where CAG is just pop back.

[honeybee13]

Hello Kimmi. I hope it goes well tomorrow, good luck.

 

HB

[robinsky]

Oh dear, you've been treated really badly here...! Is there any way that perhaps you could get an alibi for the time of the theft? Eg. Can you get a witness to vouch for you so its proven that you couldn't have stolen the item when it was said that you did?

 

Also, how in the hell can they prove you stole it? Did they find it on you? That's not proof of anything unless they have proof that you did it and hence, I find it hard to believe they can suspend you without physical proof that you are responsible (which you weren't).

 

Yes, get in touch with a union as well... they can be a good source of help.