Mr Richard James Moody

: Social worker

: SW29478

Interim Order: Imposed on 28 Mar 2014

: Review Hearing

Date and Time of hearing:10:00 10/03/2017 End: 12:30 10/03/2017

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

: Conduct and Competence Committee
: Conditions of Practice

Allegation

During the course of your employment as a Social Worker with East Riding of Yorkshire Council between 2012 and April 2013 you:

1. Did not attend the Intensive Support Panel on 18 February 2013 despite receiving prior notice. proven

2. In relation to Case 1, you:

(a) did not follow a management instruction to advise the Court that a guardian would be the most appropriate person to ascertain the wishes and feelings of the children; proven

(b) requested that Colleague A undertake the visit to the children to ascertain their wishes and feelings when you had been requested to do so by the Court; proven

(c) did not share and explain the "Letter of Expectation" with the mother; not proven

(d) did not inform the mother of the serious incident on 7 January 2013 involving her son's attempted suicide until 9 January 2013; proven

3. In relation to Case 2, you did not complete the risk assessment within the required timeframe. proven

4. In relation to Case 3, you:

(a) did not undertake statutory child protection visits between February and April 2014 as required; not proven

(b) did not complete the core assessment by the required date; proven

(c) did not undertake to ascertain the wishes and feelings of the child. proven

5. In relation to Case 4; you did not complete an initial assessment within the required timeframe. proven

6. In relation to Case 5, you:

(a) did not complete a core assessment within the required timeframe; proven

(b) did not close the case despite instructions to do so on at least two occasions. proven
7. In relation to Case 6, you:

(a) did not undertake statutory child protection visit on 17 January 2013 not proven

(b) duplicated records of 3 January 2013 on the electronic recording database purporting to be for a visit undertaken on 17 January 2013 proven

(i) did not arrange core group meetings in February and April 2013 and/or did not record any such core group meetings. proven

8. Your action at paragraphs 7(b) was dishonest. not proven

9. Did not communicate appropriately, in that you:

(a) were rude to a mock inspector during a mock internal inspection during a mock internal inspection; not proven

(b) were rude and overbearing to your manager - Colleague B - during a team meeting on 20 February 2013. not proven

10. The matters described in paragraphs 8 and 9 constitute misconduct.

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

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

Finding

Background

1. The Registrant was employed by East Riding of Yorkshire Council as a Social Worker from 2 May 2007 and was appointed as an Advanced Social Work Practitioner in the Children in Need Team. A routine audit by the Registrant's Area Manager, raised various concerns such as failures to complete the required statutory visits and case recording, leading to an investigation into the Registrant's practice.

Representations of the HCPC

2. On behalf of the HCPC, Ms Horren submitted that the Conditions of Practice Order should be maintained. She submitted that the Registrant’s fitness to practise remains impaired. There was no evidence before the Panel that the Registrant had remediated his misconduct. She told the Panel that the Registrant had not submitted any evidence to demonstrate that he had successfully completed a comprehensive course on record keeping relevant to social work practice nor had he provided a report from a Supervisor. Ms Horren confirmed that he had not produced a written reflection. She submitted that the Panel had no evidence about any steps the Registrant has taken to keep his knowledge and skills up to date.

3. The Registrant asked the Panel to vary the conditions contained in his Conditions of Practice Order. He told the Panel that the condition which prevented him from working within a frontline Child Protection Team meant that he had been unable to secure any work as a Social Worker because he lacked recent experience in other areas of Social Work. The Registrant confirmed that he had not complied with those Conditions in the existing Order that were not reliant on employment as a social worker. He explained that he had not done so because he was so dispirited by his inability to secure employment as a Social Worker.

4. Before reaching its decision the Panel accepted the advice of the Legal Assessor. The Panel carefully considered the documents before it and the information which the Registrant provided during the course of his representations.

5. The Panel appreciated the Registrant’s engagement with this process. It notes that the Registrant has complied with condition (1). However, the Panel has concluded that the Registrant still has not demonstrated sufficient remediation of his misconduct. The Registrant has not provided an acceptable reason for his failure to complete the record keeping course required by condition (2). The Panel is concerned that the Registrant’s attitude to compliance with the existing conditions was somewhat dismissive. The Panel considers that the Registrant has demonstrated a lack of insight at this review hearing. It has therefore concluded that there is potential for the Registrant’s misconduct to be repeated.

6. The Panel is satisfied that there is current impairment of the Registrant’s fitness to practise as a Social Worker. The Panel considers that an Order remains necessary to protect service users and to maintain public confidence in the profession. Having regard to the seriousness of the misconduct found proved in this case and the lack of compliance with the Conditions of Practice Order, this Panel does not consider that a lesser sanction would be sufficient to protect service users or the reputation of the profession. The Panel has concluded that a Conditions of Practice Order remains the proportionate sanction. Having considered the matter carefully, the Panel has determined that a Suspension Order would be punitive and disproportionate at this stage.

7. The Panel considered the Registrant’s submission that the Conditions of Practice Order should be varied by the removal of condition (1). However, given the Registrant’s failure to comply with condition (2) and the absence of any evidence to suggest that he has reflected on the important role of record keeping, the impact on service users of non-compliance with management instructions and the impact on service users of not keeping to statutory and procedural timetables, the Panel is unwilling to vary the existing Order.

8. The Panel considers that extending the existing Conditions of Practice Order for a further twelve months from the expiry of the existing Order will give the Registrant a further opportunity to reflect on his conduct and to demonstrate that he has fully remediated the concerns which brought him before his regulator.

9. This Order will be reviewed before its expiry. This Panel considers that a reviewing panel will be greatly assisted by the following to be provided 14 days before any review hearing:

1. A written reflection from you to include:

• The important role of record keeping;

• The impact on service users of non-compliance with management instructions;

• The impact on service users of not keeping statutory and procedural timescales;

2.  Evidence that you have maintained your skills and knowledge as a Social Worker;

3. Up to date and relevant references from paid or unpaid work.

Order

 ORDER: The Registrar is directed to extend the Conditions of Practice Order Against the registration of Mr Richard James Moody for a further period of 12 months on the expiry of the existing order.

 Terms of Conditions:
1) You must not work within a frontline Child Protection Team; this does not prevent you from working with Children in Need or Looked After Children.

(2) You must complete a comprehensive course on record keeping which is relevant to social work practice and to produce evidence of successful completion of such course to the HCPC prior to the review of this order.

(3) You must place yourself and remain under the supervision of a supervisor who is registered with the HCPC and supply details of your supervisor to the HCPC within 28 days of commencement of any employment as a Social Worker.

(4) you must provide a report from your Supervisor to the HCPC 14 days prior to the review of this order which focuses on:

• following management instructions;

• workload management

• record keeping.

(5) You must promptly inform the HCPC when you start employment as a Social Worker or take up any other or further employment as a Social Worker.

(6) You must promptly inform the HCPC of any disciplinary proceedings taken against you by any employer.

(7) You must inform the following parties that your registration is subject to these conditions:

a. any organisation or person employing or contracting with you to undertake professional work as a Social Worker;

b. any agency you are registered with or apply to be registered with (at the time of application); and

c. any prospective employer (at the time of your application).

Notes

This order will be reviewed by the Committee no later than 12 April 2018 or earlier if new evidence which is relevant to the order becomes available after it was made.

Hearing history

History of Hearings for Mr Richard James Moody

Date Panel Hearing type Outcomes / Status
10/03/2017 Conduct and Competence Committee Review Hearing Conditions of Practice
11/01/2016 Conduct and Competence Committee Final Hearing Conditions of Practice
14/12/2015 Conduct and Competence Committee Interim Order Review Interim Suspension
14/09/2015 Conduct and Competence Committee Final Hearing Adjourned
27/08/2015 Conduct and Competence Committee Review Hearing Interim Suspension
28/05/2015 Conduct and Competence Committee Interim Order Review Interim Suspension
03/03/2015 Conduct and Competence Committee Interim Order Review Interim Suspension
10/12/2014 Conduct and Competence Committee Interim Order Review Interim Suspension
12/09/2014 Conduct and Competence Committee Interim Order Review Interim Suspension
28/03/2014 Investigating committee Interim Order Application Interim Suspension