K Taylor v Lancashire County Council

It is the unanimous decision of the tribunal that the appellant's appeal shall be dismissed and that the decision of the Respondents to adopt the proposal to cancel the registration of Mr K Taylor on the ground that there is a person intended to be concerned in carrying on the home who is not a fit person within the meaning of the Registered Homes Act 1984, section 9(2), is upheld.

Reasons for the Decision

Background to the Case

The appellant was registered as the person to be concerned in carrying on a Small Home in June 1996. The Appellant's wife, Mrs Catherine Taylor, was identified in the application form as being involved with the appellant in the day-to-day management and provision of care within the Home. Both Mr and Mrs Taylor were on the approved list of carers in respect of the County Council's Adult Placement Scheme. Mrs Taylor was also employed by Lancashire County Council as a community support worker at a Burnley Dispersed Living Scheme.

On 30.05.97 a Zone Disciplinary Hearing took place concerning allegations of physical abuse by Mrs C Taylor to a service user. The Hearing was chaired by Ms S Blakey, who decided that Mrs Taylor had acted inappropriately towards a service user and she recommended that the matter was referred to a Departmental Disciplinary Panel with a recommendation that Mrs Taylor should be dismissed.

The incident in question had taken place on 31 January 1997. Mrs Taylor had been suspended from duty, pending investigations, since 3 February 1997. On the same day the resident in the Small Home, the registration of which was in Mrs Taylor's husband's name, was removed from the Small Home. Mr Taylor, as the Registered person, was advised by the Team Leader, Mr Myers, of the Social Services Directorate's concerns, and he gave assurances that no further residents would be accommodated until matters were concluded.

The Disciplinary Hearing was, after two postponements, convened on 20.08.97. At the Hearing Mrs Taylor's dismissal was recommended. Mrs Taylor appealed. However she did not attend the Appeals Sub-committee on 23 September 1997 and resigned due to ill health and on the advice of her union representative. The union representative had attended the Zone Hearing and the Disciplinary Hearing with Mrs Taylor.

Mrs Taylor issued an application to the Industrial Tribunal in early 1998 for constructive dismissal. The appeal was withdrawn following advice from her union representative to withdraw the application as internal proceedings had been conducted correctly, and following her ill-health.

Following the incident on 31 January 1997, there had been a police investigation. The police investigation was not pursued as the service user was deemed incapable of appearing as a witness and his father had refused permission.

On 18 November 1997 the Adult Placement Panel considered the status of Mr and Mrs Taylor as carers on the Adult Placement Scheme. The Panel heard of the incident involving Mrs Taylor at her place of work which resulted in her suspension and of the disciplinary proceedings resulting in a recommendation of dismissal from her employment. In view of these circumstances the Panel removed Mr and Mrs Taylor from the list of approved carers.

Mr Jefferson, Assistant Director within Lancashire County Council Social Services Department, with responsibility for managing the Inspection Unit instigated investigations into the issues regarding Mrs Taylor's Disciplinary Hearing. Mr Jefferson was informed that Mr and Mrs Taylor had been removed from the list of approved carers on the Adult Placement Scheme in February 1998. Mr Jefferson's Deputy chaired a meeting to consider the matter. The decision of the meeting, having considered all the information presented, was that a notice of proposal to cancel the Registration of Mr Taylor should be served.

Mr Taylor was served with a notice to this effect on 13 March 1998. The case was heard in Mr Taylor's absence without any representations from him, on 6 August 1998. The decision of the Sub-committee was that the Registration should be cancelled.

Sections 9 and 10, Registered Homes Act 1984

The tribunal notes that the relevant statutory law is section 9(2) and section10. Section 10 states the registration authority may cancel the registration of a person on any ground which would entitle them to refuse an application for registration. Section 9(2) provides that:-

The tribunal accepted that Mrs Taylor was involved in the daily operation of the Home. She had substantial access to the people accommodated there.

The tribunal accepts that the Disciplinary Panel recommended that Mrs Taylor be dismissed from her employment. Investigations had been carried out by not only the Panel on 20 August 1997 but also by the Zone Disciplinary Hearing on 30 May 1997. Mrs Taylor did not pursue an appeal. She withdrew an Industrial Tribunal application. The Registered Homes Tribunal notes that she did not have the support of her union representative to pursue these actions.

The tribunal notes that Mr and Mrs Taylor, in the Registered Homes Tribunal proceedings, did not challenge the substance of the statements made by Mr Jefferson and Ms Blakey. They did not provide written evidence or witnesses to challenge the conclusions of the Disciplinary Hearings. They told the tribunal that their union representative had told them that the hearings were conducted correctly. Mrs Taylor referred to witnesses corroborating each other's statements before the Disciplinary Hearing, but offered no persuasive evidence to support the allegation.

Mrs Taylor told the Registered Homes Tribunal of her concerns about lack of support from Social Services over the years and of the attacks on her character in the previous hearings. Letters were provided from Andrew Woodhouse and Louise Horsham (relative and carer of Jason- an ex-resident at the Small Home) dated 18.09.97, and from Mrs V Smith (undated) supporting the work of Mr and Mrs Taylor.

The tribunal however agrees that the proposal to cancel Mr Taylor's registration is to be upheld. They accept that Mrs Taylor is concerned in carrying on the Home and is not a fit person. They accept that the Disciplinary Hearing's Recommendation for dismissal from employment on grounds of physical abuse against a service user is evidence on which the tribunal can rely. The tribunal accepts that the Disciplinary Hearing conducted fair and thorough proceedings. Neither the appellant nor his wife have provided evidence to persuade the tribunal that they cannot rely on the Recommendation to dismiss. Taking into account the reasons for the dismissal, the tribunal find Mrs Taylor is not a fit person. Because of Mrs Taylor's undoubted involvement in the care of residents in the home, it was appropriate for the local authority to withdraw Mr Taylor's registration.

The tribunal found no evidence to support the allegation, however, that Mr Taylor was a heavy drinker and that he left most of the care to his wife. Neither was there any persuasive evidence of him verbally abusing and displaying a threatening and aggressive manner towards a member of staff.

The tribunal considered whether the appellant had received notice of the hearing on 6 August 1998 to consider cancellation of his registration. The tribunal accepts he did receive notice. The notice was sent by recorded delivery and was not returned. The normal practice of the post office is to return documents if not delivered to the correct addressee.

The appeal is dismissed.

Mrs E Goodman
Mr A Kendall
Mr D Stanley