Mr Brian Gerard Magee

Profession: Social worker

Registration Number: SW29538

Interim Order: Imposed on 02 Sep 2013

Hearing Type: Final Hearing

Date and Time of hearing: 09:00 14/08/2018 End: 16:00 14/08/2018

Location: Health and Care Professions Council, 405 Kennington Road, London, SE11 4PT

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

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Allegation

During the course of your employment as a Social Worker with the Children in
Care Team at Telford and Wrekin Council between 01 March 2010 and 24
June 2013, you:
1. Did not consistently complete Statutory Visits within the expected time scale in relation to service users;
a) Service User 1;
b) Service User 3;
c) Service User 10;
d) Service User 11;
e) Service User 12;
f) Service User 13;
g) Service User 14;
h) Service User 15;
i) Service User 16;
j) Service User 19;
k) Service User 18;
l) Service User 20;
m) Service User 21; and
n) Service User 24.

2. Did not consistently complete Statutory Visits reports within the expected time scale in relation to service users;
a) Service User 5;
b) Service User 7;
c) Service User 10;
d) Service User 13;
e) Service User 14;
f) Service User 16;
g) Service User 17;
h) Service User 19;
i) Service User 20; and
j) Service User 24.

3. Did not consistently update and maintain care plans of cases you were responsible for within the expected time scale in relation to service users;
a) Service User 7;
b) Service User 10;
c) Service User 11;
d) Service User 14
e) Service User 15;
f) Service User 17;
g) Service User 16; and
h) Service User 19.

4. Did not consistently conduct return from missing interviews within the expected time frame (72 hours) in relation to service users;
a) Service User 1;
b) Service User 2; and
c) Service User 3.

5. Did not consistently record missing persons episodes and or return from missing interviews within the expected time frame of three working days for service users;
a) Service User 1;
b) Service User 2; and
c) Service User 3.

6. Did not consistently contact service users and/or their carers of newly allocated cases within the expected time frame of 5 working days in relation to service users;
a) Service User 5;
b) Service User 6a;
c) Service User 7;
d) Service User 12;
e) Service User 13;
f) Service User 14;
g) Service User 15;
h) Service User 16; and
i) Service User 19.

7. Were unable to practice autonomously without constant supervision and support from managers and colleagues.

8. The matters described in paragraphs 1 - 7 constitute misconduct and/or lack of competence.

9. By reason of that misconduct and/or lack of competence your fitness to practise is impaired.

Finding

Preliminary matters
Service
1. The case for the HCPC was presented by Ms Shania Royer. The Registrant was not present or represented. The Panel noted that notice of the hearing had been properly served on the Registrant in terms of Rules 3 and 6 of the Conduct and Competence (Procedure) Rules 2003. The Panel thereafter considered Ms Royer’s application to proceed in the Registrant’s absence. The Panel is aware that its discretion to proceed in absence is one which should be exercised with the utmost care and caution. In reaching its decision, the Panel has had regard to the HCPTS Practice Note on ‘Proceeding in the Absence of the Registrant’. The Panel has been advised that the Registrant confirmed by telephone on 10 July 2018 that he would not be attending the hearing and that he was content for the matter to proceed in his absence. In addition the Registrant has signed the Voluntary Removal Agreement.

Proceeding in absence
2. The Panel is of the view that the Registrant has voluntarily absented himself and would be unlikely to attend at a future date, if the matter were adjourned. The Panel has also taken account of the nature of this hearing which was convened in response to a request from the Registrant.  In all the circumstances, the Panel has agreed to proceed in his absence as it is satisfied that it is both in the public interest and the Registrant’s interest to do so.
     
Background
3. The Registrant qualified as a Social Worker in 1981. He commenced employment as a Social Worker at Telford and Wrekin Council (“TWC”) on 8 February 2002 and became a Senior Social Worker in 2008. From 2010 he worked in the Children in Care Team at Telford and Wrekin Council. Concerns were raised about the Registrant’s practice and this led to the commencement of a formal capability process with additional supervision and monitoring. The concerns continued and in June 2013, the Registrant’s contract of employment was terminated. The matter was referred to the HCPC.  

4. Following an investigation by the HCPC into the matters alleged, the Allegation was drafted and the Registrant’s case was referred to a final hearing panel. 

5. The Registrant made full admissions at the final hearing in March 2015. The final hearing panel decided that the matters alleged, and admitted in their entirety, collectively amounted to misconduct. At that stage the final hearing panel considered that the Registrant lacked an understanding of the serious nature of the concerns. A Suspension Order was imposed on the Registrant for a period of nine months, a period, which it was considered, reflected the public interest in the maintenance of standards and gave sufficient time for the Registrant to reflect on his conduct. 

6. The Suspension Order was reviewed and replaced with a 12-month Conditions of Practice Order on 30 November 2015. On 21 December 2016, the Conditions of Practice Order was amended and extended for a further period of 18 months. At the third substantive review hearing on 29 May 2018, the Panel took into account the indication that both parties were willing to enter into a Voluntary Removal Agreement. The Panel noted that the Registrant has been a Social Worker for 32 years and was actively considering retirement. The Panel took the view that, as a return to practice was no longer a viable option, it was fair and reasonable to give the Registrant the opportunity to enter into a Voluntary Removal Agreement. The Panel therefore imposed a Suspension Order for a period of four months to allow time for consideration of a Voluntary Removal Agreement.

7. On 20 May 2018 the Registrant wrote to the HCPC to request that his name be removed from the HCPC Register. The matter was reviewed internally by the HCPC before it was decided that voluntary removal would be a suitable disposal of this matter.

Decision
8. The Panel heard from Ms Royer  who outlined the background to the case and the circumstances which led to the imposition of the original Suspension Order. Ms Royer advised the Panel that the Registrant had indicated that he wished to have his name removed from the HCPC Register. She also advised that the HCPC was satisfied that it would meet its statutory objective of protecting the public if the Registrant was permitted to be removed from the Register on similar terms to those which would apply if the Registrant had been struck off the Register in terms of Article 29(5)(a) of the Health and Social Work Professions Order 2001. Ms Royer advised the Panel that the Registrant had signed the Voluntary Removal Agreement. Ms Royer asked that the Panel revoke the current Suspension Order and approve the Voluntary Removal Agreement.

9. The Panel considered all of the information and representations by Ms Royer on behalf of the HCPC. The Panel has applied its own judgement to the application to revoke the current Suspension Order and to approve the Voluntary Removal Agreement. The Panel has also had regard to the HCPTS Practice Note on ‘Disposal of Cases by Consent’ and has accepted the advice of the Legal Assessor.

10. The Panel noted that the HCPC is satisfied that it would be meeting its statutory objective of protecting the public if the Registrant was permitted to be removed from the Register on similar terms to those which would apply if he were subject to a Striking Off Order under article 29(5) of the Health and Social Work Professions Order 2001.

11. The Panel had before it a Voluntary Removal Agreement which has been agreed between the Health and Care Professions Council and the Registrant and signed and executed by the parties. In it, the parties agree that the Allegation was well founded and the Registrant agrees to be removed from the HCPC Register on the terms and conditions fully set out in that Agreement. A Declaration that there was no other matter of which the Registrant was aware which might give rise to any other allegation was also signed by the Registrant.

12. The Panel firstly considered whether there were any factors which would make it undesirable to allow the matter to be dealt with on the consensual basis as set out in the Voluntary Removal Agreement. The Panel has concluded that in the circumstances of this case, there are no such overriding public interest factors. The matters have already been considered at a public hearing.

13. The Panel has also considered whether the Voluntary Removal Agreement would secure an appropriate level of public protection. The Panel is aware that if the Registrant seeks to return to the HCPC Register at any time in the future, his application would be treated as if he had been struck off as a result of the Allegation. The Panel is therefore satisfied that this secures the necessary degree of public protection.

14. In all the circumstances, the Panel is satisfied that both the public, and the public interest, would be adequately protected by the terms of the agreement reached between the Registrant and the HCPC in as much as the Registrant will henceforth be prevented from acting as a Social Worker and should he wish to apply to return to the Register, he will be treated as though he had been struck off. In addition the Panel is satisfied that this is an efficient method of disposing of this matter in an appropriate and proportionate manner which is in the interests of the public, the HCPC and the Registrant and accordingly revokes the current Suspension Order and approves the Voluntary Removal Agreement.

Order

The Panel approves the Voluntary Removal Agreement signed by the HCPC and by the Registrant. The Registrar is directed to revoke the current Suspension Order and remove the name of Mr Brian Gerard Magee from the Register with immediate effect.

Notes

 

 

 

Hearing History

History of Hearings for Mr Brian Gerard Magee

Date Panel Hearing type Outcomes / Status
14/08/2018 Conduct and Competence Committee Final Hearing Voluntary Removal agreed
29/05/2018 Conduct and Competence Committee Review Hearing Suspended
21/12/2016 Conduct and Competence Committee Review Hearing Conditions of Practice
30/11/2015 Conduct and Competence Committee Review Hearing Conditions of Practice
09/03/2015 Conduct and Competence Committee Final Hearing Suspended