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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52188
Experience:  Qualified Solicitor
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False allegations have been made against me by a resident in

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False allegations have been made against me by a resident in a care home

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please provide some more details of your situation

Customer: replied 1 year ago.
A resident in my work place made an allegation about me my main concern is what was written in my suspension letter I was accused of neglect, abuse, verbal abuse and gross neglect all of which are untrue I have just been offered another job which needed a crb check which came back clear. I received a letter yesterday from the disclosure and barring stating my employer had been in touch with them about this case and I am now worried that I could be barred from working in the care industry

Has the employer investigated the allegations yet?

Customer: replied 1 year ago.
I had a disciplinary and decided to hand in my resignation as I felt they had already made there decision I took someone with me and my manager told her to say nothing and not speak
Customer: replied 1 year ago.
I have worked in this industry for 24 year with a clean record also the minutes of the meetings were not right there were things that I said that were not noted

If you were not officially proven guilty then it is not a given that you will be barred from working in the industry. Also the DBS would usually conduct their own investigation before taking a decision on whether to bar you or not. They will unlikely go just by what he employer has told them as that will not always be the full story and not all factors would necessarily be considered. SO do not assume the worst yet. I suggest contacting the DBS to check what their intentions are in respect of this, what they are thinking of ding next, if they will be conducting their own investigation before coming to a more formal decision and so on. In the meantime proceed with the new job as if nothing had happened because eve though the employer has forwarded details about this to the DBS, you have not been banned or limited in any way from working in the industry.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 1 year ago.
Well the only thing to add is there was no witnesses evidence or proof and the lady in question has said how much she misses me

The lack of witnesses can be a positive factor, but it will also depend on the mental state of the resident. So someone who is deemed to have capacity and understand their actions could have their version of events believed more than someone whose mental health has deteriorated. So in the latter case it would really require some independent evidence to back the allegations up otherwise it can be difficult to take any sanctions against you simply based on the complainant's word

Customer: replied 1 year ago.
She stated in her statemement that she was tired and confused and it was 3 days after that she made the allegation
Customer: replied 1 year ago.
It states on my letter from the disclosure and barring services that they will make there decision after they have done there investigations

yes exactly so what has happened with the employer so far will not really have any effect on the DBS and their decision - they will conduct their own investigation. So even if the employer had made up their mind you do not have to think that the same outcome will come from the DBS

Customer: replied 1 year ago.
But if it is do I have a case to appeal

You can of course appeal their decision but until you know what that is and on what grounds it is based it is impossible to say how best to appeal it

Customer: replied 1 year ago.
just wait until I get there decision then take it from there and should I tell my new employer about this

Yes that's right there is nothing you can do at this stage apart from cooperate with any investigation they decide to undertake then once you now what the outcome is, take it from there. Also they may decide there is no case to answer in which case that puts an end to it. There is no need to tell your employer unless you had something in your contract requiring yo to do so

Customer: replied 1 year ago.
I was honest from the start with her the only thing she doesn't know is about this letter I received yesterday

as there is no official outcome and you have not been barred or restricted in any way then you do not have to tell her, but heck the contract to see if you have to report any ongoing investigations

Customer: replied 1 year ago.
Well thank you very much for all your help will I be able to speak to you again in the future if this case goes on as you are aware of all the details

No problem and yes just come back to me and ask for me by name if you need further help.

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