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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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As this is a very serious issue with lots of documentation

Customer Question

As this is a very serious issue with lots of documentation there is no easy answer and ai would prefer to meet face to face.But briefly I own a care home-it was reported by staff past and present(about 17- and in their own time)that the manager was abusing residents and staff. I held an enquiry and the staff wrote out statements to that effect - some were horrendous-however social services would not accept the statements as they were not present so all the procedure had to be gone through again. Meanwhile the manager went off sick and resigned 2/1/2015.She then took me to employment tribunal and claimed constructive dismissal-the case was to be heard in March 2016.Social services had not - nor have they still- finished their own investigations.They would not allow me to use any statements they had because of the on-going investigation
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 6 months ago.

What specific queries do you have about this?

Customer: replied 6 months ago.
I am completely alone on this issue. Safeguarding have dragged their feet- Social services have played around for 2 years The(Robertson) Judge at the tribunal would not delay the hearing despite my legal team making representations.The delay was requested until the end of July 2016 when hopefully Safeguarding etc would have finished their investigations. because of this and the lack of evidence that I could produce because Safeguarding requested that no information could be used in court hence I had to settle out of court at a total cost of £100,000- is there anyone out there who can help in these circumstances
Expert:  Ben Jones replied 6 months ago.

Thanks for your patience. This is an unfortunate situation and I do empathise. The issue here is that you voluntarily settled with the manager. This would have resulted in a legally binding agreement between you and him so unless you can show that he has breached the terms of the agreement, you cannot really pursue him for what you had paid. Whilst hindsight would be of no use, ideally you should have probably taken your chances in tribunal as there would have been no guarantee that he would have won.

As far as the situation currently stands, he has left tour employment so you cannot do anything in that respect. You have settled the tribunal claim so that is the end of that matter too, unless he breaches the terms of the settlement. The issue is still with Safeguarding so they could take this further and take whatever appropriate action is necessary against him. If you have not done so, you may also wish to involve the police on the assumption that the abuse was also of a criminal nature. Finally, you can consider appealing the tribunal judge’s order or decision to refuse the delay of the hearing. It may be a little bit late for that though as the claim has been settled and closed so you may be running out of options overall unfortunately. It is too late to implement the best options, such as getting a formal review of the decision not to allow an extension of time. I am really trying to think what else you can do but it is difficult to come up with anything else that is open to you at this stage.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 6 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Customer: replied 5 months ago.
Hi Ben
Referring back to my original email of a couple of weeks ago.
You indicated that I had little choice to accept the settlement out of court.
However the entire matter of the then Registered manager abusing residents and staff lay with Stockport safeguarding team.
The case was due to be heard in March 2016 in front of a Judge Robertson in Manchester - the case was for Constructive Dismissal.
Now he would not delay the case despite representations from the legal team.
Stockport Safeguarding team would not put forward the staff and residents statements- of which there were around 17 (or more) for the case as they said that despite the investigations going on 2 years they had not finished their investigations.
So I was left holding the baby so to speak, hence had to settle out of court.
Now that leaves the Registered Manager absolutely free despite the serious allegations - and some were very serious- and £50K better off and free to look for employment elsewhere.
Am I in a position to take any action against Stockport Safeguarding team who have done the residents, the staff and the reputation of the care home a great disservice .?
I have still not heard from Stockport Safeguarding team- I last emailed 2 or 3 weeks ago and advised that some of the team were on holiday etc. etc.
Are there such people who have oversight of the safeguarding teams or are they a law to themselves.
As I said I am due to retire soon - in fact the safeguarding team seemed more interested in that aspect of my life than the care of the residents.
Can you help in any way or advise or should I allow this to be swept under that carpet.
This has been dreadful for the care home (both of them)- for the residents - for the staff- and for my reputation - which is nil now.
My business has really struggled since and I am considering closing them possibly when I leave.
Thanks for listening to me
Robert

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