My report was ignored, what can I do?

That was meant to say "I am now trying to get my life back together", incase that confused anyone. Sorry.

I can believe it. I think you were very brave. I was lucky as a new deputy manager started, who agreed with me about the concerns and made big changes. By then I had already decided that I could not work with such horrible people.
I would go to social services or the police if its abuse. They are not allowed to ignore abuse and its not as if you have anything to lose now as you've already blown the whistle on them.
Social services have to investigate every allegation of physical, emotional, sexual abuse and neglect. They would take you seriously.
Good luck

Jane, I am no expert on this, but my experience of trying to use 'complaints procedures' has been hugely unsatisfactory.

If you want to pursue it, and I feel sure it would be quite hard to pursue, you do in my opinion need to go down the 'full-on legal route', and not 'complaints protocols'. But it is always very hard, to provide proof of 'bullying' - I hope you come out of it okay, whatever you decide to do.

I do have some experience of how difficult it can be to give up on something, if you feel 'in the right' - but be prepared to discover, as you seem to have done already, that 'everyone seems to be against me !'. This sort of thing, can seriously mess up your mind (personal experience).

Hi Jane

I hope you have kept a copy of all documentation and any diary entries relating to the bullying as these will be useful evidence.

I agree with Catarine that you should approach the Safeguarding team at your social services and report all the abuse that both the residents and you suffered because abuse has to be stopped.

Mike does have a point when he says that 'everyone seems to be against you' but thats because your fighting someone elses corner,there are people who will support you.

Good luck

Contact www.carersuk.org for advice. This sort of abuse must be stopped. Let me know how you get on.
Regards,
Carol

Sorry to jump in on an ongoing conversation but I am experiencing the exact same thing. 2 years ago I complained about the lack of care my mum received so the home locked me and my family and my brothers family out. We were not allowed to see my mum other than her crying behind the glass doors begging to see my brother. S/s eventually visited the home, were told by staff that they thought we were going to remove my mum (we took her out every week and even rang the home if we were returning her late). S/s literally had no interest and said they thought the home was fine!!!! Social services are a law unto themselves and bend the rules to suit their involvement or lack of. They have regular dealings with these homes and build up relationships (first name terms with management in the home my mum lives in) and are reluctant to rock the boat so brush everything under the carpet. We can no longer complain for fear of the same thing happening but we do document and photograph everything. My advice to anyone would be steer clear of any social worker because they have the power to make a situation 100 times worse. You really believe they will help and then that brick wall suddenly appears and there is nothing you can do. Go down the solicitor route but make sure you find someone who specialises in these cases.
Yes I am bitter because my mum has just spent 7 days in a hospital 10 mins away from me. I only found out because the ambulance crew made a complaint about the level of care she was receiving by the home with the nature of her condition. When I telephoned the home an hour ago asking why they had not called me or my brother I was told it was the responsibility of whoever was on duty and nothing to do with the manager or deputy who I was speaking to. She admitted it clearly states on my mums notes that I was to be called if my mum becomes ill or has any injuries etc. I cried when the hospital told me what had happened. She said my mum was referred to the urgent adult team as the hospital and ambulance crew were so concerned. I spoke to the adult team senior social worker an hour later to be told nothing was being done as they had no concerns!!!! When I said we wanted her moved they said with dementia its often best not to move the person??? She is an hours drive away from the nearest family or friend, we all live in Worcester (every relative and friend) she is in Tenbury. We have 30+ homes in and around the city. we have a specialist report saying she would benefit from more contact with family and friends and a move would be beneficial, but no s/s want her for some unknown reason to stay and receive a quality of life you wouldn't wish on anyone.
I questioned the home having a legal obligation to inform next of kin regarding this hospital incident the social worker said she wasn't familiar with the set up of the home and wouldn't like to comment. My poor neglected Mum.

have you spoken to your local news paper have you documented the evidence speak to your local independent councilor
we had issues at my workplace and it took two years to deal with during that time the abuse carried on due to the bullying tactics keep on and keep in touch
good luck leon

Not sure if this will help, but here is a procedure to follow:
1. Contact local Safeguarding Team at your Council. Tell them your story and report the abuse. They will then (usually) investigate what you have told them.
2. If the outcome is unsatisfactory, you can contact CQC to tell them what has happened. They will then investigate.
3. If your concerns have been backed-up by one of the above, you should then seek advice about unfair/constructive dismissal.

There is advice about reporting abuse on your Council's website and CQC website.

You can also get advice about whistleblowing from the NHS Whistleblowing helpline, here is an extract from the doh:
The whistle-blowing helpline for NHS staff is being extended to staff and employers in the social care sector from 1 January. There is also a new number for the service, which encompasses all of the elements of the current helpline service and is free, independent and confidential.

The new helpline number will be 08000 724 725.

The helpline will operate on weekdays between 08.00 and 18.00 with an out-of-hours answering service available at weekends and on public holidays. A web-based service is also being developed.

You can contact the helpline if you have concerns but are unsure how to raise them or simply want advice on best practice.
http://www.dh.gov.uk/health/2011/12/whistleblowing-helpline/

Just to add: If you are reporting abuse, you are always doing the correct thing. Persevere because, as you know, the person you are trying to protect is usually not able to protect themselves.
Hope some of that was helpful.

Hi
 
I have been watching this issuse, and i would like to say its great that people are here to offer thier support, i have experience bullying, and your so emotional and pyshcological drained you are forced to leave. If you work for a really bad compnay, no amount of complianing helps, nor how you try to express you lack of wanting this to happen, you also have no idea why this is the case, that people do this to you. It could be that they feel threatened, or that they have issuse about them self, but, i find there is a way that a group manage the way things are done (not by the book), and if you dont do that way or behave that way, then they will find a way to get you out of the door. I could name a few, but i will not.

Re, from Julie, the following:

'Social services are a law unto themselves and bend the rules to suit their involvement or lack of. They have regular dealings with these homes and build up relationships (first name terms with management in the home my mum lives in) and are reluctant to rock the boat so brush everything under the carpet'

That is the problem, in more general terms - you usually find that the people dealing with your complaint are not 'neutral' and tend to believe hospital staff, etc, and to disbelieve you. This works all of the way up to the PHSO.

It really is a problem, because if you go via the 'full-on legal route' then the system tries to slow everything down to the point where any evidence has long disappeared or been forgotten. It seems to be true for all complaints - relatives v professionals, doctors v hospitals, etc: you seem unable to introduce 'impartial judges' early enough in the process.

And although anonymity might work for 'that hospital is appalling', it can't work for 'I personally/my own mum personally/ has been badly treated', because you can't have anonymity for those complaints.

Wow I can't believe the help you've given me. I wasn't expecting that many replies, so thank you very much. The ball is rolling now, and it's very scary. I had a police officer at my house today to report what happened at the home. He was lovely and explained the law to me and where I stood with regards to persuing legal action against the individual.I can't believe the law, I thought there were laws in place to protect people unable to report assault due to dementia. This is what I've learned:

A carer cannot report assault for another person, even if they are unable to report it themself due to lack of mental capacity. This is because only the victim has the ability to decide whether they believe that what happend was assault. From what he said i've understood that justice is only relevant to an individuals own personal desire to persue it.

Rant number one: If the victim is unable to make important decisions through lack of mental capacity, then it is absurd that a carer or nurse or any reliable witness cannot persue justice on their behalf.)

Rant number two: If it is common law that a person has not been assaulted if they do not believe it to be true and report it themself, then it is also true that the crimminal justice system had judged all persons lacking in mental capacity to be without any possible means of achieving justice.

Rant number three: If we have a duty of care to adhere to human rights law when caring for someone who is unable to not only understand their rights, but retain information regarding events, then we should have the right to persue that persons right to justice. If they cannot say or remember whether or not they were abused, then with witness account, they should be exempt from having to do so as a condition of reporting someone of assault.

As it stands the officer said the abused service user could not have been assaulted as she has no way of understanding what happened to her. !!!!!!!

He said that if id reported the evil carer for pulling me away from comforting and protecting the resident within 6 months then I could have had her arrested for assault on me. Sadly not for her as well. He said that he will, however contact safeguarding at the council who would investigate the home. I insisted he tell them the evil womans name because im concerned for the residents safety with her still working there. He put her name in the report so hopefully they will talk to her.

The only way left to get justice for the poor lovely lady who i DID see get abused is, funnily enough, to get it for myself. Ive had lawyers ringing every day wanting the details, so hopefully I can sue the Care Home. Im hoping that I win so their insurance is affected, and they are made aware of exactly what happens to companies that allow such repugnant behaviour to occure without consequence.

I'm so glad that I'm going ahead with this. Just because the officer couldn't arrest the horrid woman responsible for the assault, that doesnt mean I havent had my say. He wished me luck and told me to persue suing the home for what they did to me. And theres always the investigation. When I reported the nasty woman, my manager told me how devistated she was at being reported, and told me that she was a good carer. So my advice to anyone at all going through this is to IGNORE the people putting you down and making you out to be the one in the wrong. They only do that because they're scared and know you are right.

Ill let you know whether I have a case. Ive been given promising responses from no win no fee solicitors, so fingers crossed. Thanks again you lot xxx

Rant number one: If the victim is unable to make important decisions through lack of mental capacity, then it is absurd that a carer or nurse or any reliable witness cannot persue justice on their behalf.)

Jane, you have been badly informed - there is a law called The Mental Capacity Act and it exists to cover behaviour towards mentally-incapable people. It specifically introduced an offence of bad treatment of a mentally incapable person who is in your care, and any professional who mistreats a demented person can be charged under the Act. Proving that bad treatment has occurred, is where the problem rests.

The Police are not necessarily very competent, in understanding the law - but take my word for, it is illegal to abuse dementia patients !

Your police officer has told you absolute rubbish - he really should not have said:

'As it stands the officer said the abused service user could not have been assaulted as she has no way of understanding what happened to her. !!!!!!!'

Best wishes, Mike

You can also contact the Care Quality Commission - they are supposed to check/regulate Care Homes, so they are in theory supposed to look into reports of abuse: but these things get much harder, unless you take action immediately.

The problem, is that only after a bad previous experience, have you usually learnt how the system works, who you need to contact and what you ideally should be doing, etc !

Good luck, Mike

The charge against a paid carer would be under section 44 of the Mental Capacity Act, because of 44(2): (2) D is guilty of an offence if he ill-treats or wilfully neglects P. D would be the carer, and P the demented person who was being ill-treated.

I will try to attach the MCA and also its Code of Practice - but they are long !

44 Ill-treatment or neglect

(1) Subsection (2) applies if a person ("D")-
(a) has the care of a person ("P") who lacks, or whom D reasonably believes to lack, capacity,
(b) is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or
(c) is a deputy appointed by the court for P.

(2) D is guilty of an offence if he ill-treats or wilfully neglects P.

(3) A person guilty of an offence under this section is liable-
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

Sorry, I cannot get the MCA, its Code of Practice or an easy to read MCA summary to attach (I keep getting 'connection broken' messages when I try).

You can track them by an internet search.

You can try these webpages for MCA stuff

http://www.legislation.gov.uk/ukpga/2005/9/contents

http://www.legislation.gov.uk/ukpga/2005/9/pdfs/ukpga_20050009_en.pdf

http://www.hackney.gov.uk/Assets/Documents/mental-capacity-act-easy-read.pdf

I don't know if this helps or not, Mike

Hi I really feel for you, you can report to CQC, and you could also seek advise from citizens adive, we all try to do our best to protect others it's very hard sometimes, due to evidence and the working laws, try to think positive, and report to CQC, at least you have reported this, please do not let this get you down, we need carers who care and are compassionate about they work it sounds that you are one of thoses, hold you head high and continue to work hard to a high standard never fail to report abuse and please do not let this stop you doing so in the future, CQC it, Jacqui x

Hi my advice to you is get your mother out of this care home and report to CQC your concerns, while she is in hospital this is much easier for you to do speak to the hospital and the duty social services team, they are not all bad, you have rights and so does your mother, this brings tears to my eyes, I have worked in care for over 25 years and will never stop making sure everyone is treated with dignity and respect including they family, x x x take my advise and get her out of there, it will be up to your mother if she has full capacity, sometimes people are worried about change and complaining she will need the family to support her with this, kind regards Jacqui compassionate about dignity in care,

Hi,

For anyone who has/needs to whistle blow there is advice and support available from the Public Concern at Work charity at www.pcaw.org.uk

Nicki Cailes

Nicki, I don't know if you are connected to PCAW, or just aware of it ?

But I was tangled up in 'something that should never have happened' within the NHS, and my basic opinion is this, especially for lay-people.

You don't understand how the system works, and what you should do, when the problem happens - and, if you yourself want service improvement as opposed to 'comeback', you eventually discover that 'the system' seems hell-bent not on learning from what happened, but on protecting itself from blame.

By the time you have worked this out, it is too late to properly sort out your own 'event'.

Things would be very different, if I could re-run my own experience, after I had a proper understanding of 'the rules' and also of how defensive NHS organisations and individuals are !

I hope that you have been able to move this forward, put if you haven't you could use the whistle blowing service run by the government, for just such occasions. I expect thta you have alreday tried the local auhtority and the regulator CQC, who are also ports of call. I commend your bravery and commitment to challenging bad practice. You truly are a worthy dignity Champion.

Hi,

I'm not connected with PCAW - just aware of them as an independent body (charity) that are there to support whistleblowing in the public interest. They do have a free confidential advice line

Has anybody else picked up on the report a few days ago, that since Winterbourne View, the number of 'whistleblowers' to the CQC has gone up by a factor of about 20 ? And over half were considered serious enough to warrant an insepction.

The interesting point, is the doubt this throws on 'official figures' for things which are not easy to measure - I have no doubt that 3 years ago, if asked 'How much bad-practice is going on in Care Homes ?' the powers-that-be would have said 'Ah, we have got figures for this, .....'.

Statistically analysing 'rubbish', leads to rubbish which only happens to look like non-rubbish !