Mr Anthony Henry Jackson

Profession: Social worker

Registration Number: SW27626

Hearing Type: Final Hearing

Date and Time of hearing: 10:00 23/11/2018 End: 17:00 23/11/2018

Location: Health and Care Professions Tribunal Service (HCPTS), 405 Kennington Road, London, SE11 4PT

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

Please note that the decision can take up to 5 working days to be uploaded onto the HCPTS website. Please contact one of our Hearings Team Managers via tsteam@hcpts-uk.org or +44 (0)808 164 3084 if you require any further information.

 

Allegation

Whilst registered as a Social Worker, and during the course of your employment at Bournemouth Borough Council:

1. You were the Registered Manager at Residential Home A between 2005 and February 2017 and you did not:
a) Ensure that all staff received medication training at least every two years
b) Between approximately September 2014 – January 2017 ensure that all staff completed competency assessments on an annual basis

2. Following an overdose administered to Service User A between 25 January 2017 and 28 January 2017 you did not:
a) Make a record of the reasons for your decision not to take Service User A to A&E
b) Inform Service User A’s parent about the incident and / or recording your reasoning for not doing so
c) Follow the recommendation for immediate action to complete competency assessments of staff given to you on 17 February 2017

3. The matters set out at paragraphs 1-2 constitute misconduct and / or lack of competence

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

Finding

Preliminary matters
Service
1. The Panel had information before it that Notice of today’s hearing dated 28 September 2018 was sent to the Registrant’s address on the Register on the same date by first class post. The Panel accepted the advice of the Legal Assessor and was satisfied that service had been effected in accordance with Rules 3 and 6 of the Health and Care Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003.

Proceeding in the Registrant’s absence
2. Ms Senior, on behalf of the HCPC, applied for the Panel to proceed today. She referred the Panel to an email from the Registrant, dated 29 September 2018, in which he states “I have stated on numerous occasions I will not be attending any hearings or be sending representation. Please go ahead with the hearing and reach a conclusion one way or the other”. Ms Senior said that in the light of the email it was clear that the Registrant has voluntarily waived his right to attend.  Ms Senior directed the Panel to the HCPTS Practice Note on ‘Proceeding in the Absence of the Registrant’.

3. The Panel took into account the HCPTS Practice Note entitled ‘Proceeding in the Absence of the Registrant’ and accepted the advice of the Legal Assessor. The Panel was aware that the discretion to proceed in the absence of a Registrant should be exercised with the utmost care and caution.

4. This is a joint application, it being the Registrant’s wish for voluntary removal. Furthermore, throughout his correspondence with the HCPC he has indicated that he no longer wishes to practise and intends to apply for voluntary removal. The Panel therefore decided to proceed today.

Background
5. The Registrant is a registered Social Worker and has been since 2005. From 1991 the Registrant was employed by Bournemouth Borough Council (the Council) as a Senior Practitioner and Deputy Manager (Residential). From September 2005 until August 2017 he was the Registered Manager of a children’s home run by the Council.

6. In January 2017 there was an incident involving a service user who was mistakenly given a double dose of a prescribed anti-depressant. No harm was caused to the service user. In the course of the subsequent investigation, some wider concerns arose about the Registrant’s management of the home. These involved medication policy, staff training and record keeping. At a disciplinary hearing the Registrant was issued with a written warning. However he was not suspended but in August 2017 the home was closed and he was declared redundant.

7. Since his redundancy the Registrant has consistently stated that he no longer wishes to practise as a Social Worker and is pursuing career opportunities in different fields. He has therefore applied for voluntary removal from the Register and has entered into a written Voluntary Removal Agreement with the HCPC. The HCPC has indicated its agreement that this would meet its statutory objective of protecting the public and addressing public interest concerns.

8. The Agreement provides that “The parties have entered into this Agreement to enable the Allegation to be withdrawn and the Registrant to be removed from the Register as if a striking off order had been made against the Registrant”.

9. The Agreement further provides that the operative date should be Friday 23 November 2018. Further terms regarding the Registrant’s obligations are contained in the Agreement.

10. The Agreement has been placed before the Panel.

Decision
11. In reaching its decision the Panel considered all the information before it together with the submissions of Ms Senior and the correspondence from the Registrant. The Panel has accepted the advice of the Legal Assessor. It considered also the HCPC Practice Note ‘Disposal of Cases by Consent’.

12. The Panel is aware that such an agreement must be sufficient to protect service users and must also be in the wider public interest. In this latter context it must be sufficient to maintain public confidence in the profession and in the HCPC as regulator and to declare and maintain proper standards of conduct and of behaviour.

13. The Panel is satisfied that the terms of the Agreement are sufficient to achieve these aims. In her submission Ms Senior said that what occurred could properly be described as an isolated incident in a lengthy and otherwise unblemished career, with low risk to the public.

14. In reaching its decision the Panel has had particular regard to the fact that voluntary removal is tantamount to a Striking Off Order, albeit that the Allegation may not have resulted in such an order had the matter continued to a substantive hearing.

15. Voluntary removal results in immediate protection of the public. The Agreement effectively prevents an application for restoration to the Register until five years have elapsed. At any restoration application the events giving rise to the reference to the HCPC would be considered. Furthermore, the admitted allegations have been subject to scrutiny by the Council and by the HCPTS Investigating Committee.

16. In all the circumstances the Panel has concluded that the Voluntary Removal Agreement will be sufficient to protect the public and also to address public interest concerns. It would be appropriate to agree to the joint application that the Registrant’s name should be voluntarily removed from the Register.

17. The Panel therefore orders, with the consent of the parties, and upon due enquiry, that the Registrant’s name be voluntarily removed from the Register.

Order

The Registrar is directed to remove the name of Mr Anthony Henry Jackson from the Register with immediate effect.

Notes

No notes available

Hearing History

History of Hearings for Mr Anthony Henry Jackson

Date Panel Hearing type Outcomes / Status
23/11/2018 Conduct and Competence Committee Final Hearing Voluntary Removal agreed