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WRITTEN QUESTION TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES BY DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR
ANSWER TO BE TABLED ON TUESDAY 17th JANUARY 2006
Question
Would the Minister inform members –
( a ) of the number of staff who have been suspended in each of the last three years (2002 to 2005) as a result
of disciplinary infractions, if any, and in each case, identify the nature of the alleged infraction, the period of suspension and the means of disposal of the case?
( b ) w h e ther the Director of Nursing receive any payments upon resigning and, if so, what were they?
( c ) w h e ther the Director of Nursing was appointed as Deputy Chief Executive approximately two weeks
before departure from office and, if so, the reasons why?
Answer
( a ) From 2002, the following suspensions took place:
E m ployee Group N u m ber of Staff in Employee Group
4 M a n ual Workers 5 1 2
2 S o c i al Workers 4 5
1 C i v i l Servant 6 4 2
1 R e s i dential Child Care Officer 7 2 2 M e d ical staff 9 0
1 1 N u rses 9 6 6
T o t a l 21 T o t al 2327
( T he number of staff in the Social Worker category is an approximate because of how the term "Social
Worker" is defined, complicated by the fact that Social Workers are paid as Civil Servants).
T h e reasons for the suspension and the outcome are listed in the table below:
Employee group | Reason for suspension | outcome | Length of suspension | Year |
Manual Worker * | Under police investigation (alleged misuse of computers ) | Ongoing | 3.5 years | 2002 ongoing |
Nursing | Gross Misconduct (Patient abuse) | Resigned when given penalty | 5 months | 2002 |
Social Worker | Gross Misconduct (Professional standards) | Resigned whilst suspended | 6 weeks | 2002 |
Manual | Gross misconduct (theft | Employee | 1 day | 2002 |
Worker | of HSS property) | resigned before disciplinary hearing |
|
|
RCCO | Standards of child care | Written warning | 12 weeks | 2003 |
Nursing | Gross misconduct (alcohol abuse on duty) | Dismissed | TBA | 2003 |
Medical staff | Performance issues | Referral to NCAS | 3 weeks | 2004 |
Medical staff | Performance and medical concerns | Still under investigation | 13 months | 2004 ongoing |
Nursing | Gross Misconduct ( Inappropriate Behaviour) | Dismissed | 6 weeks | 2004 |
Medical Staff | Professional standards | No case after police investigation | 11 months | 2004 |
Nursing | Professional Standards | No case after police investigation | 13 months | 2004 |
Nursing | Gross misconduct (patient abuse) | Dismissed | 2 months | 2005 |
Civil Servant | Gross misconduct (misuse of email) | Suspended while working notice period | 4 weeks | 2005 |
Social Worker | Gross Misconduct (Performance issues) | Dismissed | 6 months | 2005 |
Nursing | Gross misconduct (Patient abuse) | Resigned when given penalty | 4 weeks | 2005 |
Nursing | Gross misconduct (Alleged patient abuse) | Dismissed | 12 weeks | 2005 |
Nursing | Lack of duty of care | Written warning | 5 weeks | 2005 |
Nursing | Under Police investigation | Ongoing | 12 months | 2005 ongoing |
Nursing | Professional Standards | No case | 5 weeks | 2005 |
Nursing | Inappropriate Behaviour | No case | 5 weeks | 2005 |
Manual Worker | Gross misconduct (alcohol abuse and non- attendance) | Resigned whilst suspended | 2 weeks | 2005 |
Manual Worker | Gross misconduct (abusive language towards a patient) | Written warning | 5 months | 2005 |
* This is a complex States of Jersey Police investigation. It has been directed by the H.M. Solicitor General that disciplinary action cannot take place until the investigation is completed.
( b ) The States of Jersey entered into a mutual confidentiality clause with the previous Director of Nursing
which is, by definition, legally binding on both parties.
( c )The Director of Nursing was designated as " Deputy Chief Executive" on 18th November 2005. This
designation was limited and very specific. The Director of Nursing would act as formal deputy when the Chief
Executive was absent from the Island, either on annual leave or on States of Jersey business. Such a designation was a formality as the Director of Nursing has acted in this capacity since the Chief Executive was appointed in May 2004. Further, the Director of Nursing would act as formal deputy when a number of managers, who were of the same level of authority, came together on a project which "cut across" the organisation. In such circumstances, the Director of Nursing would have accountability for the success of that project. (In the event, no such project was actioned).
N e e dless to say, to comply with best governance practice, the name and designation of the person
substituting for the Chief Executive when he is not present should be formally known and that person held accountable for the discharging of the Chief Executive's duties during that period. On a specific theme, the Major Incident Plan formally identifies a leadership role for the Chief Executive, or a designated deputy, should a major incident occur.
T h e d e signation of deputy in these circumstances was not a remunerated responsibility and was
additional to the current duties of the Director of Nursing.