Complaint 10: Subjective and unsubstantiated psychological analysis

Through those past nine complaints and the thousands of words and dozens of unanswered questions, I come to what I consider to be the most repugnant practice adopted by the Scottish Social Services Council - its psychological analysis of a worker.

Every single person employed in social services surely must adhere to the principle that you never make value judgements concerning service users. Or worse, you take an off-the-shelf judgement with no understanding of what it even means.

It is astonishing to believe that in 2019 that practice can exist; it is abhorrent to everything that social care stands for. And, perhaps even more importantly, it undermines the vital work being done by support groups regarding mental health.

And if you add in the fact that those psychological assessments are carried out without speaking to, or even meeting, the person being “assessed”, it is surprising SSSC registrants haven’t demanded their immediate end and every pretentious diagnosis redacted from its online archive of decisions.

While we all try to remove the stigma surrounding mental health, our profession permits ‘quacks’ to come forward with damning psychological indictments, presented as fact, then published on the web for the world to see and the media to trawl through and publish with total freedom.

You have no recourse. You have no challenge.You can ask no questions.

When a decision is published, you will, as they say in Scotland, “get your character”. That will not be flagged as subjective but as fact. It has the potential to stay with you for the rest of your life.

It is a disgusting, vile and humiliating practice, and yet we tolerate it. In a non-judgemental profession, we wouldn’t work beside a colleague who judged a service user, be that child, adult or family, never mind one who had never met or spoken to them.

It is a heinous act, yet we permit our governing body to do it to us.

In my case my pursuer was not just expert in all things gynaecological but also, apparently, psychological.

Granting a knowledge of search boxes on websites, one would imagine the SSSC wouldn’t take too long to establish that the most basic form of psychological assessments that began in China in 2000BC involved a process far more sophisticated than what happens at 11 Riverside Drive.

Fast forward 4000 years and see if you can find anyone who would support any formal or informal evaluation of a person’s personality or state of mind without speaking to them or meeting them.

What qualifications does your assessor have? Good luck finding that out. (My FOI request on the qualifications of SSSC investigators was refused under data protection).

In fact, good luck on finding any rationale or clinical authority.

It is all subjective hogwash, and yet every personal insight on every worker is accepted without question by the SSSC chief executive, every SSSC council member, every MSP, every Scottish Minister, every reporter, every editor and, sadly, it seems every SSSC registrant.

The same phrases and judgements are sprinkled through the SSSC online decisions, and they are presented as fact to the panels.

It is an ongoing scandal and, in itself, raises dozens of questions, but be careful of the nature and number you ask.

The response from SSSC chief executive Lorraine Gray is at the end of the complaint. Perhaps not surprisingly it suggests going to a higher court.


Complaint 10: Subjective and unsubstantiated psychological analysis in the SSSC final written decision

While I feel very strongly that my case was mishandled from start to conclusion and was a tailored prosecution by a single case handler, I wish to challenge the SSSC’s psychological evaluation of myself which is subjective, unsubstantiated and, I believe, put together without any training or professional validity, and carried out surreptitiously.

I am aware such psychological pretensions are commonplace in the SSSC’s ‘Notice of Decision’ issued to registrants. Given these are key to the final decision which can literally end a person’s career there are several areas I believe that the SSSC must explain.

A number of questions were submitted to the SSSC as FOIs but, again, all were deemed “vexatious”, however, while they may not fall within the remit of an FOI, I believe they remain valid questions that need answered by the SSSC in the interests of the public and all registrants.

1. Can the SSSC explain the structure and methodology behind its psychological assessments and the qualifications?

2. Why does the SSSC not highlight on its websites or within its investigation guidelines that workers are being psychologically assessed by an unknown medical individual or untrained individual?

3. What process does a worker require to go through to for him/her, his/her doctor, his/her legal representatives to have access to those psychological assessments?

4. Given the Scottish Social Services Council performs this psychological analysis of workers, undertaken without their knowledge or recourse, and without any disclosure of who is making such personal assessments, on what credible grounds does the SSSC justify their inclusion in any of its findings?

These questions are crucial and the fact that the SSSC does not highlight such processes are being undertaken then presented to a panel as fact does merit explanation.

As the SSSC declined to answer these questions under FOI requests, I can only assume, as it would be incredible if this was blanket policy, that these assessments are made after a number of face-to-face sessions with the psychological evaluator.

I do not know the rationale behind my case but I did not have a single face-to-face meeting with any SSSC representative prior to my hearing. Yet in the caseholder’s direction to the panel and subsequent Notice of Decision it is stated by the SSSC:

He {the case holder} observed that, whilst you had regretted your failings, there had been no meaningful reflection or insight by you to give confidence that events would not be repeated in the future.

Not being aware of any conversation on this matter, this was presented as absolute fact, not conjecture.

What is the Scottish Social Services Council’s definition of “meaningful reflection” and “insight”? What psychological tests were employed to determine that assessment. How do the Scottish Social Services Council medical and mental health experts gauge “meaningful reflection”? How does that department judge the levels of “meaningful reflection”, in terms of its absence and return? What are the criteria in assessing “meaningful reflection” and “insight”. At what point does the SSSC psychological expertise re-assess “meaningful reflection” and decree it has returned?

As I pointed out during the investigation, because of the length of time taken, I also encountered other, very distressing events in my personal life. By the time I attended the hearing some two years had passed since I left Aberlour, and some 27 months since the last alleged incident.

Reflection, insight, remorse, resilience all fluctuate with time and circumstance, and response to loss and grief is a process of adaptation which takes place, usually over an approximate two-year period. Any main grade social worker knows that - it is part of the essential theoretical underpinning to the work. The SSSC, it appears, may not.

The Notice of Decision continues:

You had not disputed the facts… nevertheless obliged the Panel to proceed to a full hearing, He {the case holder} submitted... your participation...as ‘critical and negative’ {and} demonstrated that you were focused on yourself rather than the broader public interest…

As the facts are not disputed then this must be a careful psychological evaluation by the Scottish Social Services Council, otherwise it is a personal viewpoint and totally subjective. Is this an individual expert conclusion or from a team of SSSC medical advisers?

Given no face-to-face session, what is the validity of this further statement in the Notice of Decision:

There was a lack of convincing reflection. Such limited insight as had been shown did not demonstrate any remedial steps that you had taken...if you were to return to work, there remained a risk to the public because your insight was limited

Other than contradictory communication from the SSSC, with an obvious lack of understanding of the social work processes I was involved in, I consider it my right to know who made those psychological evaluations of me, why I wasn’t told they were being made, and why the SSSC does not tell every single registrant he or she is being assessed by an unknown SSSC representative, with unknown qualifications, and one(s) you will not meet.

Response from Lorraine Gray, chief executive SSSC

Under this heading, you raise a complaint about how matters such as insight and remediation were determined by the Panel. The decision the Panel made in relation to these is a decision under our Rules. There is a statutory appeal right to the Sheriff Court.

As with a number of the previous parts of your complaint, the issues you have raised under this part of the complaint do not fall within our Complaints Handling Procedure and you should consider appealing the decision to the Sheriff Court.

Picture: John Hain

Complaint 9: SSSC decision to notify Children’s Hearings Scotland

Thankfully, until I came to the attention of the SSSC I  personally had little need of  legal services. 

Before Tom Miller, the official solicitor for the SSSC, and Andrew J. Webster QC, acting sheriff and a recognised fount of all knowledge in relation to fitness to practise, entered my life, the only time we used a solicitor was for conveyancing when we bought our home. 

As a practising social worker though, I had many opportunities to work with and observe legal professionals at children's hearings and in child welfare cases in court. The majority of these men and women acted professionally, ethically and responsibly. On some occasions however, they did not, and it really seemed as though the power invested in them by their LLB and diploma in legal practice, and the prospect of a Legal Aid cheque overcame any scruples or concerns about the welfare of children, but rather presented them with the chance to grandstand.

A good friend and fellow social worker was once carpeted because one such individual lodged an official complaint when she asked him, after a long, gruelling afternoon in the witness box, how he slept at night?

During the  SSSC investigation, but at the time when all conditions had been removed, and long before the hearing, I began training to become a Children's Panel member. I advised the SSSC when I had completed this, as I was still trying to co-operate in its processes.

And I was reminded of  unscrupulous legal practice  during my Children's Panel training. 

The general public probably thinks that when a child is removed from an abusive home situation the happy ending is assured; it was certainly what I naively believed when I contemplated a career in social work many, many moons ago. This is not so and whatever that child has experienced can make him or her impossible to care for - the old adage "the child who is most in need of love is the most unlovable" is sadly too often true. It is imperative that these children get the right help as early as practically possible.

Trainee panel members observe a number of hearings and one I attended involved a very young child. I do not know what that child had endured; as a trainee I had not had sight of the papers. Suffice to say this wee soul was being moved from pillar to post as successive carers gave up. The social worker had moved heaven and earth and identified one placement which was going to be made available for the child but needed to be taken up quickly as the demand for places there was so high. This intensively therapeutic environment was the best chance for this very damaged child, but required a move to another part of the country.

I watched as the social worker passionately argued the case for the child, and listened to the evidence - all refuted by the parent. 

I listened closely as the parent's solicitor defended her client and patronised the social worker. I watched as the panel wrestled with some very difficult decisions and silently applauded their courage (and shed a tear) when they agreed the child should move to the placement.

The solicitor appealed on behalf of the mother, legally her responsibility was her client's interests, not those of the child... and the place went to another child while the legal wheels rumbled on. 

You may be asking what this has to do with my decision to resign from the panel. It is simply this, I have seen what a solicitor acting for parents will do, and it is not outwith the realms of possibility that, had I been able to continue as a panel member some legal eagle would challenge a decision I had been party and I couldn't be trusted as a disgraced social worker.

I could not countenance the possibility that children would be at risk because of me. I had to go.

As I've said  elsewhere, a social worker’s behaviour is under scrutiny by the SSSC in professional and personal life.

Even if your career has ended the SSSC process and its decisions can still impact.

Part of me accepts that and I accept that we all need to be above reproach, especially if we are involved in any work where children are present.

Having been deemed a risk to the general public and a threat to all children of all ages in Scotland, I do understand the SSSC decision to notify Children’s Hearing Scotland of the decision made against me and my possible unsuitability to be a Children’s Panel member.

Of course, this was a humiliating episode but, as I would never do anything to bring the work of this organisation into disrepute, I accept it.

I do not, however, accept that the SSSC managed the situation in a fair, transparent and respectful manner.

I volunteered for the panel, believing my years of experience might be of value to a process I fully support and value.

Obviously it was naive on my part to believe the hearing would not impact on that, but then again I really did expect to be vindicated.

So, once again, minutes before the fitness to practise hearing began, the SSSC believed me suitable for panel duty, if I accepted the conditions proffered on my registration.

A few hours later and I was a threat to the public and especially to children.

Children’s Hearing Scotland was notified of this before I had decided if I was going to appeal the SSSC decision but, more distressing, was that their officials received the warning about me before I learned the SSSC was sending that out.

I only discovered that when I tearfully called up to tender my resignation, and discovered a letter had already been received.

My advice to anyone who finds themselves under investigation is to avoid all volunteering duties until after the SSSC decision has been reached. Those you are working with don’t have your side of the case and you will be seen as a deviant and a danger.

Interestingly, this was the only complaint to which Lorraine Gray was able to respond with any confidence, and without scurrying into the stock response of ‘ appeal to the Sheriff’. This was an action it was easy for her to defend because, having reached the 'right' decision it was the proper thing to do, even if the way they went about it was not . It makes you wonder about her response to the other nine though...

Complaint 9: SSSC decision to notify Children’s Hearings Scotland

I challenge the decision to inform Children’s Hearings Scotland regarding the outcome of my fitness to practise hearing, and seek the legal basis for that decision, particularly in light of General Data Protection Regulation.

From the SSSC website I cannot see that you have an information sharing agreement with this organisation and I cannot understand how the hearing has an impact in my role as a volunteer with Children’s Hearings Scotland.

I would like to know who made the recommendation to send the letter and the justification for doing so.

Your website states that “Fitness to Practise investigations and decisions are not about punishing workers. Our role is to protect people who use services and maintain public confidence in the workforce."

However, this feels to me exactly like a punishment. The SSSC has terminated my career and has now also resulted in my suspension from a volunteer role which had restored some confidence and self-worth following a degrading and dehumanising two years of investigation.

My involvement with Children’s Hearings Scotland was freely provided by myself, in line (on my part) with open and honest engagement. If I had not informed the SSSC of my training to become a Panel member it would have been oblivious to it.

In addition the SSSC decreed that this training removed the need to take a Child Protection course if I ever worked again. So where was the risk here?

As far as I am aware I am within the time limit for raising an appeal and I do not believe the decision to inform Children’s Hearings Scotland was appropriate until it was clear that the outcome of the hearing would not be challenged.

Response from Lorraine Gray, chief executive SSSC

You raise a complaint that we notified Children's Hearings Scotland of the decision made In your case and we did not tell you that this would happen until it had been done.

Under rule 9.e of our rules, we have a duty to send a copy of any Notice of Decision placing a sanction on a worker's registration to "any other person or body which the SSSC considers should be informed because of its interest In the protection of members of the public or in the public interest."

It is permissible for a public body to process data where it is necessary for the performance of a public task carried out In the public interest or in the exercise of public authority vested in the controller.

In your case, the Information was shared with Children's Hearings Scotland because we have a statutory responsibility to protect the public by taking action in cases where a worker's fitness to practise is impaired. Children's Hearings Scotland's mission Is to improve outcomes for vulnerable children and young people in Scotland by making high quality decisions about their future. They have a vision of everyone working together to make sure that all children and young people are cared for and protected. We therefore share public protection objectives and as such we have a responsibility to share relevant information with them so they can make informed decisions about the suitability of volunteers sitting on their panels who make decisions affecting vulnerable children.

There is also an overarching public interest in ensuring that the Children's Hearings Panel are aware that the SSSC has decided to remove a worker's name from the Register due to concerns about their fitness to practise. This is because they may decide that allowing that person to continue sitting on their Panels might pose a risk to their reputation given the particular sensitivities of the work that they do. The reasonably informed member of the public would expect that we would notify organisations such as Children's Hearings Scotland when we take steps to remove that worker from our Register due to findings that their fitness to practise is currently impaired.

I am therefore satisfied that we have complied with data protection law in sharing this information in your case.

Picture: Gerd Altmann

Complaint 8: Abuse of process

So, we come to Complaint 8, ‘Abuse of Process’. This took me weeks and weeks to research, and I received help and advice from a number of people, either with a legal background or familiar with legal procedures.

I apologise for the length of this but if you are going to be facing a hearing them I really do believe you need to read this and be aware of what exactly is going to be thrown at you, and who you will be compared to.

Given my name as a service manager with Aberlour Child Care Trust now appears in an official SSSC record alongside that of mass murderer Harold Shipman, I suppose I should be grateful that Myra Hindley and Rose West were not members of any profession that involved registration with a governing body.

Despite the work that went into this section of my complaint, it again received but a brief response from the SSSC; I was simply given another nudge to go to a higher court if I wasn’t happy.

That, in itself, I find unforgivable. The issues that are raised below are absolutely crucial to every registrant who may find him or herself in a fitness to practise hearing.

Everything I have learned about the legal process, and everything I was told is, essentially, according to the Scottish Social Services Council, just not even worth responding to.

The reaction is dismissive and one of utter contempt.

What I find most astonishing is not the disregard my arguments received from chief executive Lorraine Gray and her team, but that support was unanimous from the members of the SSSC Council.

This was not each and every one of them saying that I was wrong, they were all united in saying the likes of Lord Clyde and Lord Reid had it all wrong.

My journey through the hearing process has undoubtedly been a massive learning experience for me.

My life, both personally and professionally, has been and still is a learning curve.

While we may all have “done our best”, reflection affords the opportunity to examine if we could not have done better and motivates us to do so in the future.

It is what makes us human, and it is what makes us better people.

Yet the SSSC must be unique in being 100 per cent infallible. Through the hundreds of questions and thousands of words, I have failed to elicit one single concession or admission.

To be honest, while I have been portrayed as angry, or obsessive, or aggrieved, the strongest emotion is one of total demoralisation.

It was bad enough to be made to feel, and be described as a public danger but my refusal to accept the infallibility of the SSSC, and even its lay members, prompted me to research and learn, and challenge.

That hasn’t helped me, or helped my self-esteem.

I’ve persisted in this not because I think I am infallible, and not because I am vexatious or a nuisance.

I’ve persevered because I am not an idiot, and I do not like being treated as one.

Please wade through this part of the complaint. Give me your views, not just on the points I’ve made but the attention they merited from the SSSC.

As usual, chief executive Lorraine Gray’s full response is given at the end of this section.

Complaint 8: Abuse of process

It is my contention that the hearing into the allegations against me, held between 30 May 30, 2018, and June 23, 2018, was unfair, biased and tailored towards a specific verdict from the outset of the active proceedings, thereby not a true culmination of an investigation.

Prior to the commencement of the hearing on the opening morning session, I was again offered a document outlining conditions proposed on my registration. I declined to accept these as I believed the SSSC would detail my mitigating circumstances to the panel and conduct a fair and balanced examination of the witnesses. This did not occur.

Without representation I witnessed my case essentially ignored with the SSSC presenting a one-sided, stilted and biased representation of the case against me.

On the second day, despite a few hours earlier having been offered conditions on my registration, the SSSC urged the panel to reach a decision of professional misconduct and have me removed from the register.

This, in itself, was surprising in that a few hours earlier the SSSC had re-offered me those conditions and the cancellation of the hearing. I refused this offer and recall stating that I wanted “my day in court” and wished to see the outcome of the investigation into the two managers of Aberlour Child Care Trust who were central to my mitigating circumstances.

To support that case of professional misconduct the SSSC used the tactic of persuasive precedent to provide examples of behaviour meriting that description.

The documents were unseen prior to their presentation to the panel and none was from the field of social services. The only precedents were from the field of medicine. a practice adopted by the SSSC at least since 2010 before Sheriff Derek O’Carroll in the appeal under section 51 of the Regulation of Care (Scotland) Act 2001 against a decision by the SSSC to remove the pursuer from the register of social workers.

So while a few hours earlier I was offered the option of Conditions, rather than go to hearing, the interim had convinced the SSSC my case could be equated with those responsible for causing multiple deaths and mass murder.

As part of Scotland’s legal process I contend that precedent violates the principle that sentencing is carried out in “fairness and proportionality”. Such is the significance of this that guidelines were formally introduced into Scotland’s court system in November, with Lady Dorrian, Lord Justice Clerk and Chair of the Scottish Sentencing Council, stating: “We believe this guideline sets out the fundamental principles and purposes of sentencing…”

I have no doubt that if the SSSC had responded to my enquiries on the justification for using these persuasive precedents, it would have said it was to provide the panel with a legally-accepted definition of “professional misconduct” from the perspective of a professional body.

I certainly would not challenge that causing the death of 29 children or murdering between 300-500 people falls firmly into that category. I remain surprised, however, that my name now has a place in medical history alongside the 20-year-old Roylance Privy Council decision and mentioned alongside one of the world’s most notorious murderers.

And while I expect the defence of an established and recognised definition, Sheriff O’Carroll did cite this in 2010:

In Mallon v General Medical Council 2007 SC 426 the Second Division of this court had to consider inter alia the question of the entitlement of the Fitness to Practise Panel of the General Medical Council to make a finding that the appellant was guilty of serious professional misconduct. In delivering the opinion of the court, Lord Justice-Clerk Gill said: "Serious professional misconduct ... In view of the infinite varieties of professional misconduct, and the infinite range of circumstances in which it can occur, it is better, in our opinion, not to pursue a definitional chimera. The decision in every case as to whether the misconduct is serious has to be made by the panel in the exercise of its own skilled judgment on the facts and circumstances and in the light of the evidence...

Considerable research must have gone into sourcing these persuasive precedents, running into many hundreds of words, before laying them before the panel, though I remain confused as to why the SSSC had researched these yet still offered me the opportunity to retain my registration, albeit with Conditions.

Given all the websites of all the UK’s regulatory bodies for social services have sections populated with decisions from fitness to practise hearings, including those of workers being removed from the register, the SSSC has refused to say why none of these provided a precedent or persuasive precedent for my case and why it opted to trawl English medical decisions.

The SSSC also refused to respond as to why and how such emotive precedents were sourced for presentation to the panel, given their place in medical history going back decades.

The SSSC also refused to say if these career-defining precedents hadn’t been researched thoroughly but simply drawn from an online database, such as that provided by British and Irish Legal Information Institute (BAILII) - this database does contain a Scottish section.

Nevertheless, given the SSSC place in Scottish ‘hard’ law I would accept that a benchmark definition of ‘professional misconduct’ in the field of medicine and the rationale for a medical practitioner being struck off is contained within Roylance v. General Medical Council (No 2) [2000] 1 AC 311 at 330-332. However, since I maintain I am guilty essentially of administrative shortcomings, I am unable to determine the relevance of this multiple-death case to my own.

The force of judicial precedent has been recognised for centuries in England and Scotland. That force was repeatedly emphasised in the case involving the State of Qatar the 1999 Appeal against Order of Judicial Greffier giving leave to serve Order of Justice out of Jurisdiction.

In that lengthy ruling on precedent, Lord Reid’s statement from 1973 provided a benchmark in his judgement:

I think that however wrong or anomalous the decision may be it must stand and apply to cases reasonably analogous unless or until it is altered by Parliament.

I fail to see how the precedents presented by the SSSC, repeated from 2010 can be seen to be “reasonably analogous” with my case.

A Freedom of Information request was lodged with the SSSC to determine its use of precedents:

6. Is it the practice of the Scottish Social Services Council to direct the panel in a Fitness to Practise Hearing in determining its findings through the use of precedents? Is it the practice of the Scottish Social Services Council to direct the panel in a Fitness to Practise Hearing that involves professional misconduct in determining its findings through the use of precedents?

This question was deemed “vexatious” due to the “number and nature” of Freedom of Information requests lodged with the SSSC.

Social Care Wales did respond to that question under the FOI Act and confirmed the use of Roylance v. General Medical Council (No 2) [2000] 1 AC 311 at 330-332, but pointed out:

As Lord Clyde might have encapsulated his discussion of the matter in Roylance v. General Medical Council, it must be linked to the practice of medicine or conduct that otherwise brings the profession into disrepute, and it must be serious.

The Health & Care Professions Council also responded to the same FOI request, and on the subject of precedent stated:

During a hearing, relevant case law may be brought to the attention of the Panel by the Legal Assessor and/or by advocates for the parties.

The Northern Ireland Social Care Council also responded to the FOI request, stating:

NISCC does not direct committees towards decisions through the use of precedents.

While Roylance v. General Medical Council (No 2) [2000] 1 AC 311 at 330-332 may be used as the benchmark definition for professional medical misconduct, resulting in a medical practitioner being struck off, I challenge the SSSC justification for not just using that conclusion but presenting to the panel, and myself, a total of 28 A4 pages from the ‘Judgement of the Lords of the Judicial Committee of the Privy Council’, dated March 24, 1999, and allowing only a few minutes for this to be read, understood, absorbed and whether or not its relevance could be challenged. The panel was apparently able to do so, I was not.

I believe by citing 28 pages of this case, the SSSC breached natural justice, ignored the principle of stare decisis {Stare decisis ensures that cases with similar scenarios and facts are approached in the same way} and applied an overly strict application of precedent and an excessive citing of previous authorities, with the persuasive precedent not being “reasonably analogous” to the case presented to the panel prior to issuing its findings. 

I fail to understand how my case and, at that point, a two-day hearing, could reasonably be equated with a 74-day hearing, involving charges against a healthcare trust official and two surgeons, resulting in the deaths of 29 children over a five-year period?

No explanation was given to me by the SSSC as to why a 19-year-old medical case was cited and a 28-page Privy Council decision presented to the panel. In the case of Roylance v. General Medical Council, 100-plus witnesses gave evidence, there were 339 witness statements and over 200 comments on them . There were some 674,000 pages of medical documents and 175,000 other pages presented as evidence. About 100 people gave oral evidence.

While the SSSC has refused to reveal the rationale behind the selection of this persuasive precedent it is a fact that it is contained within the British and Irish Legal Information Institute (BAILII) database and is but one from thousands dating from 1809-2018.

How this can be presented to and accepted by the panel requires explanation. I believe the SSSC committed an abuse of process in the use of this case and documents.

Attempts under the FOI Act to determine how often the SSSC has used this practice with other registrants and if it has been challenged were ruled “vexatious”.

However, although not obliged to do so under the Freedom of Information Act, the Law Society for Scotland, did respond on the matter of precedent, stating:

I can confirm that our Fiscals will use precedent before the Tribunal but it {is} a matter for their professional judgement what they use and equally, the solicitor who stands {represents the} accused has the same right to call on precedents to support their case. It is for the Tribunal to decide its relevance.

The legally-qualified case holder and the chair of the panel accepted that relevance, as, of yet, without explanation,

So, as said above, while the Roylance recommendation may have provided a benchmark definition of “misconduct”, albeit 19 years old, one surely must question why such precedent is not available within the social services field anywhere in the United Kingdom.

I believe that abuse of process continued with the SSSC citing three other persuasive precedents in its direction to the panel.

The SSSC also presented 118 sections in 25 A4 pages from the England and Wales High Court (Administrative Court) Decisions, with the cited case being that between the Council for Healthcare Regulatory Excellence and (1) Nursing and Midwifery Council (2) Paula Grant.

Again this is contained in the British and Irish Legal Information Institute (BAILII) database and is one of 672 cases from the Administrative Court. With the other 671 ruled out, the SSSC chose to present a case involving a nurse who, on two occasions, failed to perform a vaginal examination while within it, (para 65), the Shipman Enquiry is cited, a serial killer with 218 victims and an estimated total victim count possibly in excess of 500.

It surely can only be natural justice that recommendation is only relevant within context - a fact that must also be accepted by the SSSC given its citing of this particular case out of 672 in its entirety - and to find myself equated with Harold Shipman and a case involving a refusal to perform vaginal examinations, was degrading, insulting, inappropriate and, I contend, an abuse of process. How is this deemed “reasonably analogous”.

This was followed by the 77-section Dr Simon Kimmance v General Medical Council report which involved a doctor who, owing to a relationship breakdown, referred to social care workers as ‘child abusers’ and was the author of abusive comments to care workers? If this is not deemed comparable, then it must be an abuse of process? Yet this too was deemed appropriate by the SSSC and accepted by the panel without question as relevant.

The final persuasive precedent was the 31-section Mallon v The General Medical Council involving a doctor whose reluctance to provide a mask, costing between £20-£25, resulted in the death of an asthmatic child. Again I do not believe this comparable, and is an abuse of process, though, again an SSSC submission accepted without question by the panel.

Yet this was the same case where Sheriff O’Carroll stated:

In view of the infinite varieties of professional misconduct, and the infinite range of circumstances in which it can occur, it is better, in our opinion, not to pursue a definitional chimera. The decision in every case as to whether the misconduct is serious has to be made by the panel in the exercise of its own skilled judgment on the facts and circumstances and in the light of the evidence…

The use of these submissions by the SSSC raises a number of questions, all ruled vexatious under FOI requests by the SSSC but I have no means of determining whether the process adopted by the SSSC at my hearing is common practice.

Through redacted documentation received from the SSSC and from correspondence with my husband, I am fully aware of the irritation we have caused, and the reaction that our inquiries are conspiratorial, with even chief executive Lorraine Gray stating to the SSSC council that the nature and number of FOI requests made them vexatious.

My case is that it is my basic right to be able to ask for answers for actions carried out by the SSSC that I do not understand.

While it is perceived that the number of requests was excessive, it should be pointed out they were a reaction to the actions of the SSSC.

To take, for example, the submission in my hearing of the case between the Council for Healthcare Regulatory Excellence and (1) Nursing and Midwifery Council, (2) Paula Grant, the SSSC deemed it appropriate to present:

The Registrant’s case in defence was that… as she approached Patient A she noticed the meconium liquor, which led to her decision to seek obstetric assistance than conduct a VE (vaginal examination) herself.

Surely I am entitled to ask why the SSSC saw this, and over 100 other points, including the parallel with mass murderer Harold Shipman, were relevant to my case and deemed “reasonably analogous”, and why there were presented to, and accepted without question by the panel. I personally can find no rationale behind this submission and still believe it is reasonable to ask why this was presented and if this type of tactic in directing the panel is common-place?

I believe a number of questions need answered by the SSSC as they are in the public interest and, more specifically, in the interest of every registrant in Scotland.

1. Given that social services became a devolved matter in 1998, and the many Fitness to Practise Hearings held by the Scottish Social Services Council, what is the rationale of the SSSC in using a Privy Council decision on the General Medical Council (1999) and Council for Healthcare Regulatory Excellence (2011) rulings (the latter no longer in existence and whose remit covered The General Medical Council, The General Dental Council, The General Optical Council, The General Osteopathic Council, The General Chiropractic Council, The Royal Pharmaceutical Society of Great Britain (later General Pharmaceutical Council), The Royal Pharmaceutical Society of Northern Ireland (later the Pharmaceutical Society of Northern Ireland), The United Kingdom Central Council for Nursing, Midwifery and Health Visiting (later the Nursing and Midwifery Council), The Council of Professions Supplementary to Medicine (later the Health Professions Council), as precedents for professional misconduct within the field of social work in Scotland?

2. In how many cases since the formation of the Scottish Social Services Council, with particular reference to Fitness to Practise Hearings involving professional misconduct, has it not been possible to find a precedent within the archive of the SSSC’s findings and rulings?

3. Given an instance where there is no precedent from the Scottish Social Services Council’s procedures and archive from the last 17 years for a case in a Fitness to Practise Hearing, involving professional misconduct, does the SSSC endeavour to find precedent elsewhere from the field of social services, primarily from its ‘sister’ organisations within the United Kingdom, those being Social Care Wales, Northern Ireland Social Care Council, and the Health & Care Professions Tribunal Service?

4. Given that there is no precedent for a particular case in a Fitness to Practise Hearing involving professional misconduct across all the social services in the United Kingdom, would the Scottish Council for Social Services ever consider it reasonable to NOT inform the panel that there was NO precedent for a particular worker’s case and the precedents being presented, upon which the panel would have to make make its finding, were persuasive.

5. In the event of the Scottish Social Services Council presenting persuasive precedent to the panel what efforts would have been made on the part of the SSSC to ensure that persuasive precedent is as close and as relevant to the case being heard?

6. In the event that no precedent can be found by the Scottish Social Services Council, and a persuasive precedent is being laid before the panel, should the worker be informed that no precedent has been found within the United Kingdom’s social services structure and administration, and the panel is being directed on a previous judicial decision that is not on the same subject?

7. How many instances since the formation of the Scottish Social Services Council has precedent not been found within in the field of social services and the SSSC has been forced to venture beyond its remit to seek precedent from legal and governing bodies outwith social services?

8. On how many occasions has the Scottish Social Services Council, since its formation, been forced to resort to the Judicial Committee of the Privy Council (JCPC), the final court of appeal of the Commonwealth, the Crown dependencies and the UK’s oversea territories, to seek persuasive precedent?

9. Given that the Scottish Social Services Council has been willing to turn to the Privy Council, has the SSSC, having exhausted the archives of the governing bodies for social services in the United Kingdom, ever turned to the governing bodies for social work in other Commonwealth countries for precedent, (eg the relevant bodies operating under the auspices of the Canadian Association of Social Workers, the Australian Association of Social Workers, the New Zealand Social Workers Registration Board etc) rather than turn to the Commonwealth’s highest court for persuasive precedent?

10. If the persuasive precedents, in the absence of any precedents from within the field of social services, are diverse in all details other than their verdict, would the Scottish Social Services Council admit to excessive citing, thereby being responsible for abuse of process?

11. If the Scottish Social Services Council chose to defend such persuasive precedents on the grounds that it was the ultimate verdict or sanctions imposed that were relevant, why are medical examples chosen and given priority? Why would the full case be printed out and distributed? Would this not be deemed excessive citing, thereby constituting an abuse of process?

12. Does the Scottish Social Services Council routinely cite as precedent rulings on cases that involve multiple deaths, or other dramatic cases that bear no relation to the one under consideration, to achieve the decision it requires?

13. Should the chairman of a Scottish Social Services Council panel at a Fitness to Practise Hearing, involving professional misconduct, not be required to challenge and question the persuasive precedents from the SSSC, where multiple deaths, vaginal examinations, abusive behaviour and GP negligence are submitted as the only relevant persuasive precedents to one particular case and seek an explanation as why there was no precedent within social services in Scotland, Ireland, Wales and England?

14. Given its role to investigate complaints lodged against those on its register, should a worker not be provided with advance notice that the Scottish Social Services Council has been unable to find precedent across all social services in the United Kingdom to the complaints levelled against him/her and that the SSSC has been forced to seek (persuasive) precedent from the Privy Council, the highest court in the Commonwealth, and will be citing multiple deaths caused over a number of years by a number of people, as the nearest comparable example.

15. Why is a worker at a Fitness to Practise Hearing, involving professional misconduct, not informed of the persuasive precedents that have been selected by the SSSC, given the opportunity to challenge their relevance, or given the time to read them, prior to the panel using them to configure its findings?

16. Since the formation of the Scottish Social Services Council how many persuasive precedents have been successfully challenged by a worker?

17. Since the formation of the Scottish Social Services Council how many persuasive precedents have been challenged by the Panel at a hearing?

The actual administration of this stage of the hearing process also gave me serious concern and I would ask these questions:

1. What is the timescale considered appropriate by the Scottish Social Services Council for its case holder to present documents of persuasive precedent on professional misconduct to the panel and the worker? Should the panel and the worker be allowed sight of all persuasive precedents before the SSSC produces and refers to them in active proceedings?

2. In the event of the Scottish Social Services Council not having enough copies to be circulated at a hearing, does the SSSC consider it appropriate that concerned parties should be obliged to share documents?

3. Can you provide the Scottish Social Services Council’s stance on what is considered to be a fair period for a worker to read, analyse and take advice on unseen documents of persuasive precedent on professional misconduct, in my case these ran to 70-plus A4 pages in length?

In doing so, given the legal and quasi-legal definition of abuse of process as being “overly strict application of precedent or the excessive citing of previous authorities”, if the persuasive precedents are not comparable with the case presented to the panel prior to issuing its findings at a Fitness to Practise hearing involving professional misconduct, would the Scottish Social Services Council consider this an abuse of process?

Response from Lorraine Gray, chief executive SSSC

Under this heading, you raise a complaint that the hearing was unfair, biased and tailored to a specific verdict. The process was conducted in terms of our Rules. There is a statutory appeal right to the Sheriff Court._

You go on to complain about the use of legal authority. The SSSC may present case law it considers relevant to the Panel's determination. This involves the exercise of professional judgment of those who present cases. The registrant has a right to refer to case law they consider relevant to the Panel's determination. The Panel will decide the relevance of case law referred to. The decision the Panel makes is made under our Rules. There is a statutory appeal right to the Sheriff Court.

As with a number of the previous parts of your complaint, the issues you have raised under this part of the complaint do not fall within our Complaints Handling Procedure and you should consider appealing the decision to the Sheriff Court.

Picture: Akiragiulia

Complaint 7: Actions by the SSSC open to public misinterpretation

As a social worker your integrity and behaviour are two key foundation stones for your career.

The British Association of Social Workers (BASW) has a code of practice which the profession has embraced since 1975.

But it’s not just about what we do in our working hours.

While BASW clearly defines the ethics of social work our own watchdog in Scotland, the Scottish Social Services Council, emphasises that all actions of its registrants outwith working hours also fall within its jurisdiction. The SSSC website states:

It is important that all social service workers uphold public trust and confidence in social services. We believe that certain behaviours, even if they take place outside the workplace, could question a worker’s suitability to be registered.

That’s a huge responsibility for every person employed within social services in Scotland. Breaking the law, in either summary or solemn cases, could mean being ruled unfit to practise your profession.

Instances of harm, neglect, child protection concerns, “inappropriate” relationships … all of these can come under the scrutiny and investigation of the SSSC.

To some it may sound harsh, but those in social services must be above reproach.

But what about “inappropriate” communication? When social media is a key communication tool, what we say, or how we say can also be interpreted by the SSSC and that Tweet or post could carry the severest of sanctions. This is what the SSSC says:

Inappropriate communication outside of work is also an area which we investigate. This includes breaches of confidentiality or inappropriate use of social media and electronic communication such as email and text messages. This behaviour could be exploitative, discriminatory or abusive and cause offence. This behaviour would question a worker’s reliability and may affect the trust and confidence of people who use services and the public.

So, the SSSC has the authority to decide what may or may not cause offence. That, also, is a huge responsibility.

Despite the repeal of the short-lived Offensive Behaviours at Football Act in March 2018, the “beautiful game” still has its ugly side.

And, of course the “Anyone but England” attitude expressed by some north of the Border is offensive to some. Some may dismiss it as banter, others view it much more seriously.

If you are interested in the “ontological narrative” of the subject, Stuart Whigham’s paper ‘Anyone but England? Exploring anti-English sentiment as part of Scottish national identity in sport’, published by the International Sociology of Sport Association, is worth a browse.

But what’s this to do with me being removed from the Register? Well, of course, absolutely nothing.

And to even be hyper-sensitive to any anti-English sentiment, you’d really need to be English.

I am English.

The reaction from SSSC chief executive Lorraine Gray to this particular complaint is, again, given at the end. Apparently this, too, should be referred to a higher court.

Complaint 7: Actions by the SSSC open to public misinterpretation

The SSSC’s mission statement, prominently displayed on the home page of its website, declares:

Our work means the people of Scotland can count on social services being provided by a trusted, skilled and confident workforce. We protect the public by registering social service workers, setting standards for their practice, conduct, training and education and by supporting their professional development. Where people fall below the standards of practice and conduct we can investigate and take action.

The SSSC also examines what it deems to be inappropriate behaviour outwith an individual’s role, such as repeated traffic violation offences. Therefore one would expect the organisation to apply the same standards to its own behaviour.

As a social worker with many years’ experience in a variety of roles, all my colleagues and I were very much aware of how our behaviour and actions could be interpreted by those we served, interacted and collaborated with; at all times ensuring we were seen as part of a “trusted, skilled and confident workforce”.

It was, therefore, somewhat of a surprise when a social work colleague remarked, and I concede it was done jokingly, that she hoped my harassment claims against Aberlour Child Care Trust would be investigated thoroughly as it was “obvious” that my case holder did not like the English - and I was English.

The reason behind this comment was that on July 3, 2018, the same day England met Colombia in Moscow in the FIFA 2018 World Cup, my case holder changed his public profile picture on Facebook to Carlos Valderrama.

My colleague assumed this picture of the Colombian football legend had been done as an anti-English sentiment, but given any comments associated with this post were private, there are many other reasons for this change of profile picture.

But given the wide range of ethnicity within my profession and the gravity associated with any investigation into one’s conduct within it, there would seem to be the need for some guidance by the SSSC to its staff, and especially its investigating officers, on the fact that those employed within social services are always aware that their behaviour, professionally and personally, is subject to scrutiny, and that they too should adhere to the standards that they are judging others upon.

While I accept that the case holder may well have personal, familial, social or cultural connections with Mr Valderrama, there was, naturally, some doubt during the hearing process that there might be a racist undercurrent. At the very least, I would have expected the SSSC to have been aware of how staff actions on social media platforms can be interpreted, and what would be inappropriate, ill-advised, ‘laddish’ and immature.

To quote Charles Lamb, who famously said that he supposed all lawyers were children once, SSSC should ensure that their legally-trained personnel have left this state behind them before exercising roles of great responsibility.

Response from Lorraine Gray, chief executive SSSC

Under this heading, you raise a complaint about the actions of a SSSC staff member. The implication is that the actions of the staff member on a social media site may reveal a bias based on nationality. In effect, this is a challenge to the objectivity of the presenting solicitor. There is a statutory appeal right to the Sheriff Court.

As with a number of the previous parts of your complaint, the issues you have raised under this part of the complaint do not fall within our Complaints Handling Procedure and you should consider appealing the decision to the Sheriff Court.

Complaint 6: A discriminatory hearing process

From the minute I set foot in the hearing room, this has been an issue for me.

Don’t think for one minute I’m an inflexible feminist: I simply believe in equality.

Apart from the brief appearance of the two hostile witnesses and a clerk on the second day, I was the sole female at the hearing.

Now given our profession is predominantly female in its composition (approximately 85 per cent) and the SSSC is around 75 per cent female, you would think there would always be some female representation in that mix of pursuer and panel.

Questions to get more information from the SSSC on its panel composition were ruled vexatious and equality organisations, women’s rights groups and even feminist campaigners though sympathetic were not keen on becoming involved.

It was only when the Ombudsman ruled that my complaints were not within her jurisdiction that this took another twist. She suggested the gender balance was an issue that could, perhaps, be directed to an elected representative.

My MSP, Willie Rennie, the leader of the Scottish Lib Dems, did raise it with Maree Todd MSP, Minister for Children and Young People.

Ms Todd was considerably more forthcoming than the SSSC on the panel selection process, pointing out that “there are a number of factors that are taken into account”.

These, she explained, included expertise in the registrant’s area of work, gender balance, conflict of interest etc. Even taking all of these into account, Ms Todd pointed it that it could still be possible to have a same-sex quartet.

That’s fair enough. I fully understand that. It is reasonable and it is fair. However, it actually strengthens the relevance of my asking how often this actually happens? Why is that information so difficult to obtain?

That’s one issue, and while accepting Ms Todd’s explanation it prompted me to get in touch with her for some further clarification.

If there is all this in-depth discussion on ensuring a balance, where possible, on panel and pursuer, then was she endorsing the decision taken that it was deemed appropriate for a male quartet to consider presenting as a parallel to a female’s case that of pages and pages of medical detail on vaginal examinations.

Is the Minister at our Scottish Parliament who represents our profession condoning this? Would she consider it professionally sound? Would she back its use in a case against a male worker?

Ms Todd opened the door to more questions that I hadn’t thought of. I was subsequently referred the the chief social work adviser, Iona Colvin... who referred me to the SSSC.

As for the SSSC response to this part of my complaint? Chief executive Lorraine Gray’s comments are, again, given at the end. It is, once more, a referral to the sheriff court if I'm not happy with the SSSC processes.

Complaint 6: A discriminatory hearing process

The SSSC has commendable material on its website regarding equality and diversity issues.

Considerable resource is given to ensuring equality is a priority in all the SSSC stands for and promotes. I would assume that the values expressed in the 2013 Equality Report ‘Valuing Diversity, Improving Opportunity’ this statement remains valid:

The SSSC is wholly committed to ensuring that equalities are central to everything we do, as required by the new legislation. This is not just a legal obligation, but it also makes good sense. If we as an organisation meet the diverse needs of our stakeholders, we will carry out our work more effectively. It also helps us draw on a broader range of talent and ideas. This is likely to result in better informed decision-making and policy development and more efficient and effective services.

According to the SSSC’s own data contained within its ‘2017 detailed workforce information’, approximately 84 per cent of all staff employed within the country’s social services are female.

Reports, dating back to 2008, analysing just under 200,000 personnel employed within Scottish social services, also provide a breakdown of sectors, age and ethnicity.

The SSSC Equality Mainstreaming Report 2015 also provides a detailed breakdown of those on the SSSC payroll. This shows 77.29 per cent of staff are female. The female/male breakdowns are also provided in areas such as ethnicity, disability, stress, training, mentoring and pay gap, as well as the composition of the council.

While that five-year-old pledge on diversity is well promoted on the SSSC website through this statistical analysis, it did not apply to my hearing nor was the statistical weight of gender taken into consideration, especially in the composition of the panel.

Other than the two hostile witnesses called on the first day of my hearing, and the clerk on the second, I was the sole female in that room.

An FOI request submitted by my husband which stated: “What is the official policy of the Social Services Council on gender balance of case holder, chairman, panel and a worker at a Fitness to Practise Hearing?” was deemed to be vexatious.

However, the General Medical Council, Health and Care Professions Council, Northern Ireland Social Care Council and Social Care Wales all did respond to that question.

The general policy is, perhaps, best encapsulated by Social Care Wales, which stated:

We do not have a formal policy on this however, there is a pool of lay and social care members who are randomly selected to form a panel for an individual hearing. Each panel has three members; a lay member, a social care member and a lay chair. We endeavour to avoid an all-male or all female panel where possible.

The SSSC policy, given its publicly-declared commitment to equality and diversity. is harder to establish.

FOI requests to determine the composition of panels at hearings over the past 10 years, five years, 12 months and six months, were all deemed vexatious by the SSSC, though chief executive Lorraine Gray, when later challenged, after endorsing that decision to the Council did, on December 6, 2018, personally respond thus:

It is not a requirement for people applying to sit on our Fitness to Practise Committee to specify their gender before they are appointed. We do not therefore hold the information requested in a manner which can be released as part of a Freedom of Information request.

This, I would contend, is an admission from the chief executive that the SSSC is in serious breach of national guidelines.

The SSSC is one of Scotland’s listed public authorities and, as such, has a legal duty to consider equality, including gender specifically, in the development of policy and practice. This duty should, therefore, extend to considering gender in the panel appointment process, and the need for gender representation on panels which make decisions about people’s employment.

I would argue that to dispel any concerns over a discriminatory hearing process within the SSSC these questions are, in fact, vital. While it is commendable that the SSSC views the gender of all its panel members as irrelevant, that does not mean they are gender-neutral or non-binary. Without monitoring and public accountability the perception of cisnormativity will be applied.

Therefore my concern was that the panel structure did not represent the statistical structure of the profession. The fact that the SSSC cannot provide the ‘traditional’ gender breakdown of its panels over the last 10 years, or even one year or six months, contradicts the openness the SSSC advertises on gender balance in the profession and its own staff.

What makes this particularly relevant to my case, and without the given information, perhaps to all cases, is the use of certain documents presented to what I perceived as an all-male panel by a male case holder.

These pertained to precedents (their use and relevance are challenged later within this document).

I was astonished that this all-male quartet accepted and considered the 118-point, 28-page case between the Council for Healthcare Regulatory Excellence and (1) Nursing and Midwifery Council, (2) Paula Grant, of February 11, 2011.

Again through a ‘vexatious’ ruling, I have been unable through FOI requests to determine as to whether this case has been cited regularly by the SSSC – it focuses on alleged professional misconduct through the refusal to perform vaginal examinations.

The SSSC provided the all-male panel with the full report of that hearing, including medical details on the vaginal examination, meconium staining etc. (This was in addition to allegations of bullying, intimidation, contribution to a stillborn, and threatening funeral arrangements).

While, as said above, I challenge the relevance of these to my case, I am embarrassed, distressed and humiliated that these details were presented as a parallel to my conduct as a service manager - no child’s life has ever been put at risk by my actions in my entire career.

Yet, these details were accepted by the panel and its chair, who was legally qualified. The panel stated in its summation that I was not bullied as both the “credible witnesses” had denied this, but the panel members also failed to see aspects of sexual harassment in the use of this case to establish precedent.

This was a graphic and degrading experience, initiated and endorsed by an SSSC male case holder and accepted without question by SSSC-appointed all-male panel.

In 2018 when equality should be a priority in all walks of life, I firmly believe the SSSC needs to re-examine the openness on its gender balance at hearings and the tactics employed when these are single sex dominated.

Perhaps in every other hearing they have a male/female balance, but that raises the question why, when the SSSC had decided to find persuasive precedent through a case involving vaginal examinations, it was not even considered appropriate to have a female panel member, or, indeed, a female case holder presenting that persuasive precedent in my case?

Given the percentage of females employed within the social services profession, registrants and the public have a right to know the percentage of cases where a female worker has had her career decided by an all-male cohort.

The SSSC also advises that panels are chaired by a person with a legal qualification and also consist of a layperson and another who practised social work in a role similar to that of the worker under investigation. For removal of doubt, the chair reminded me that he was a legal professional and I had no legal understanding at every possible opportunity and while patronising, I was clear on that point. However, I am utterly and completely baffled as to who was the social work qualified member. One man said nothing other than ‘I have no questions’ and the other said very little. Perhaps they were more “engaged in the process” in camera?

Response from Lorraine Gray, chief executive SSSC

Under this heading, you raise complaints about the constitution of the Panel, based on gender; with the implication discrimination may have occurred. In effect, this is a challenge to the objectivity of the decision makers. The constitution of our Panels is governed by our Rules. There is a statutory appeal right to the Sheriff Court.

As with a number of the previous parts of your complaint, the issues you have raised under this part of the complaint do not fall within our Complaints Handling Procedure and you should consider appealing the decision to the Sheriff Court.

Complaint 5: Restrictions and conditions on my ability to work

If you follow the SSSC fitness to practise hearings you will have come across cases where, by the time everything is resolved, the worker will have moved out of the field of social services.

And then there will be others who will have moved nowhere. Now despite all the pledges that we are now in a ‘woke’ society, I personally haven’t found that those in the 60-plus age bracket actually have employers banging on their door.

I was determined to put my experience to good use when I left Aberlour but the on/off imposition of sanctions by the SSSC on my registration meant I was almost unemployable in my field.

So, for the best part of two years, until I reached my retirement age, I had almost no income and no benefits; if you want to equate that to a fine before you even reach your prosecution, that’s around a £50,000 tariff. Add to that another 18 months to two years after the 'verdict' then you are looking at £100,000 in lost earnings. The time, the tariff and public vilification puts the SSSC fitness to practise hearing process on a level with a serious criminal case in the sheriff court, with the exclusion of the jail sentence option (thank goodness!).

But the SSSC, operating under civil procedure, is allowed to ignore the guidelines of the Scottish Sentencing Council and "go it alone" in terms of deciding its "sentence". It is another example where the SSSC is above, or outside, accepted Scottish legal procedures.

It was a humiliating time, reaching a peak with the Children’s Panel being notified that I was a danger to the public. Believe it or not, I was even asked if I would still be allowed access to my grandchildren! That’s how horrendous the experience was.

Now, if only I had accepted the conditions on my registration…

But this is a bewildering aspect of the SSSC processes. While part of the Scottish legal system, granted, civil not criminal, it is able to ignore the safeguards that are legally in place, probably because a Panel decision is not a verdict – though it can equate to £50,000 in lost earnings and the end of your career.

It would seem no matter how much information you provide for the investigation into you, that can be decided as inadequate by the investigator, and you have no recourse to challenge that ruling, other than going to a higher court.

I’d really be interested to hear from others on this because I was convinced I received the toughest verdict, sorry ‘decision’, available, because I wanted my case to go to hearing.

While I am only too aware my persistent challenging of the SSSC processes has probably done me - and my family - more harm than good (including this blog), surely anyone who felt they needed to explain what led to their actions would find this statement from a Decision unfair and offensive: "Whilst you had not disputed the facts of the events... you had nevertheless obliged the Panel to proceed to a full hearing."

Surely you have a duty, and the basic right, to give your side of events? And isn't demanding the issues go before a hearing after being assured there has been a full investigation a bizarre choice for someone who had simply made everything up? Someone who simply fabricated  the story of a critical and negative working environment when every single employee apparently revelled  in a warm, caring and compassionate culture, created  and nurtured, as well as collaboratively endorsed, by the only two witnesses called - the same two at the heart of my complaint?

In hindsight, I would say my challenges to the SSSC pursuer had me down as probably obstinate or obstructive but I found it very difficult communicating with someone who apparently knew so little about my profession and my job.

The response from SSSC chief executive Lorraine Gray to this particular complaint is, again, given at the end. Once more it is a referral to a higher court. That Article 6 option that means if there is an appeal option then what went before it  can't be queried and doesn't need explained.

Complaint 5: The restrictions and conditions on my ability to work

I strongly believe all registrants should be aware of the autonomy and inconsistency with due legal process that the SSSC permits in the practise of its case holders.

In a Notice of Decision issued by the SSSC, the Council gives clear and prominent indication of the right of appeal, which is through the Sheriff Court. This indicates, and implies, a judicial progression through the process. It should be made clear on the SSSC website and through all correspondence with workers facing allegations that while the SSSC concedes to the higher authority of the Sheriff Court it does not follow or adhere to the sentencing guidelines as set out by the Scottish Sentencing Council.

These guidelines, issued from Parliament House, apply to the legal process in Scotland yet a decision made by the SSSC is not bound by these. However, the process of appeal refers that decision to a system that does adhere to them. The SSSC does not admit to registrant or superior court, that the guidelines can be ignored by any SSSC case holder.

Again, I have no option but to cite my own case, which, given the acquiescence of the panel, chaired by an acting Sheriff, would indicate this is normal practice.

I believe the conditions imposed by the SSSC on me pending my hearing were manifestly unreasonable as I was unable to undertake the basic duties of a social worker which I was qualified to do.

As a woman in her 60s it is difficult to find employment without such conditions and these terminated my career prematurely which has had a significant impact on my psychological well-being.

In retrospect, my decision to inform the SSSC case holder - as part of my engagement with the process - that I was considering agency work prompted the SSSC reaction of proposing conditions that meant, in effect, that no agency could put me on its books. Thus, effectively, ending my working life.

Using the summary of factors published by the Scottish Sentencing Council, my complaint centres on:

Nature of the offence: There is no judge in a fitness to practise hearing therefore the nature of the offence and how serious that offence is, remains the sole responsibility of an SSSC case holder who may have no qualifications or experience in a given field.

At the very outset, the gravity of any allegation needs to be investigated from all sides. I would argue, in my case, this was not done. Key front line senior managers and witnesses were not contacted, resulting in a skewed and inaccurate allegation at the very outset.

Culpability: Only from the detailed investigation of the above can that case holder form a clear perspective of the culpability of a worker. If that first stage is not given the importance it merits, this second stage is virtually meaningless and based primarily on an ill-informed, unqualified and subjective perspective.

Protection of the public and deterrence: Again, if the initial examination of the nature of the offence is not carried out with due diligence and care, then the grounds on the need to protect the public are not based on fact but the subjective interpretation of a restricted analysis of the complaint.

In my case, the first allegation refers to a failure “to progress a child protection concern”. This is totally true in that I did indeed fail to complete the required paperwork. On the first occasion I provided a tape recording which clearly indicated what was happening on that day, and in response to my seeking information from my manager on that same case, and on the second, which occurred three working days later by commencing sick leave within 24 hours of the required 48-hour period. On the third occasion, I had no computer of my own, it was broken. Aberlour states it was replaced but to my knowledge has not been able to prove this.

However, verbal communication with the relevant case holders had taken place. If the SSSC had spoken to the social workers and the senior managers dealing with the case in question this would have been confirmed with a simple phone call.

The SSSC chose not to do that and, instead, portrayed the allegation as a ‘cold call’ on a child at risk. This is simply not true. The most basic steps of a preliminary investigation, contacting the social work team responsible for the case, would have shown this. Why was this elementary step not taken?

Aggravation and Previous Convictions: These guidelines issued by the Scottish Sentencing Council were not relevant to my case, though I would argue that the SSSC acted in a manner that I was behaving in a way deemed aggravating in that (1) Conditions were imposed on my registration, effectively stopping me from practising as a social worker while the investigation was under way, thereby seriously affecting my livelihood; (2) Conditions were removed from my registration which would have allowed me to undertake agency work and secure employment; (3) SSSC wished to impose Conditions which would effectively terminate my employment again.

I challenged these Conditions, offered to me again on the morning of my hearing; some 10 hours later when I had spoken approximately 800 words through brief questions to two hostile witnesses and a brief statement, the SSSC equated me with those responsible on multiple charges of manslaughter and murder. I was subsequently removed from the Register.

Personal circumstances: The SSSC at no time considered any of my personal circumstances, did not offer a single face-to-face meeting and ignored all the Scottish Sentencing Council recommendations on establishing facts regarding home background, current living situation, finance or age; effect on family/employment.

The only circumstance taken into account by the SSSC was on health, not on my ability to work, but access to my GP regarding my health at the time of the incidents under investigation. This came with the warning from the SSSC that I could be removed from the Register if I failed to provide this, despite their having an Occupational Health report clearly stating I was fit to work, and only anxiety about working for Aberlour Child Care Trust prevented that.

Opportunities for rehabilitation: The imposition, removal and attempted re-imposition of conditions on my registration thwarted all my attempts to prove my capability as a social worker.

The SSSC was, however, interested in my selection and training for the Children’s Panel and considered whether that training would merit the removal or revision of the re-imposed conditions. The quality of training did in fact remove the necessity of undertaking child protection training - suggesting strongly that I no longer presented a risk in this regard. I had advised the SSSC that I had become a panel member because I believed it was important as part of my engagement in the process. The SSSC would not have been aware of it otherwise. After the hearing, the SSSC informed Children’s Hearings Scotland that the public should be protected from me, and I was forced to resign. I was not given the courtesy of being advised that this was to happen until it had been done.

Mitigating factors: The SSSC only gave cursory note to my previous impeccable record; it was acknowledged by myself from the outset that I did indeed breach Data Protection by sending information to my personal email account for personal protection over the harassment and bullying I was experiencing, and concern about the reliability, honesty and psychological well-being of a worker who had forged documentation – a justification dismissed as without grounds by the SSSC and through the removal of evidence.

It was not made clear to the panel that I advocated a police investigation into the circumstances of that breach and was willing to proffer information on serious breaches carried out by management within Aberlour Child Care Trust.

The SSSC chose not to pursue these.

It is also of some import that the SSSC itself chose to breach the Data Protection Act (see Complaint 1) by contacting {Removed} after queries were raised about the SSSC processes for this complaint.

By admitting the second allegation prior to the hearing, and offering mitigating circumstances to the first, I would argue that I cooperated fully with the SSSC, submitted valuable information worthy of serious investigation. Contrary to the Scottish Sentencing Council’s guidelines this proactive approach on my part was used by the SSSC as grounds for an extended sentence, rather than the conditions offered to me by the same caseholder some hours before.

Assisting the prosecutor: The Scottish Sentencing Council states: “If an offender, who has pled guilty to a crime, agrees in writing to help the prosecutor with the investigation, then the judge must take into account how the offender has assisted when deciding the sentence. The judge will give the offender a less severe sentence for helping the prosecution and explain what the sentence would have been otherwise. The sentence can later be reviewed depending on how much help is actually given to the prosecutor. If an offender does not provide what has been promised, the sentence can be made more severe. (But no more severe than it would have been if no agreement to help was in place.)

As far as my case is concerned, I am baffled how the SSSC can criticise my engagement with the process. Certainly, over the 18-month period I grew increasingly frustrated at being kept out of employment and the lack of enthusiasm by the SSSC to actually investigate all aspects of the allegations made against me.

Without the information I provided the case holder would have had a great deal less information available and it was only by SSSC redaction and editing of my statements that it was able to construct its case against me, while ignoring my mitigating circumstances.

The admission by the SSSC that those I claim were responsible for forcing me into an untenable position had come forward with other allegations that it decided not to pursue denied me the opportunity to challenge their behaviour. Fresh grounds were raised and dealt with by SSSC without my knowledge.

Taking all these factors, the SSSC ignored the guidelines of the Scottish Sentencing Council in ensuring a system of natural justice, openness and fairness is employed within its processes.

The SSSC successfully achieved in its decision an extended 'sentence' against myself but its investigation into the nature of the offence and culpability has attributed all blame to myself as one, essentially, rogue worker. I still find that a disturbing conclusion.

It would seem my mistake was to exercise my right to a hearing. I believe that I was punished for doing so, and the outcome would have been different had I accepted the conditions, however unworkable and impractical they were. That is an indisputable fact. In a recent case, for example, publicised on the SSSC website, a social worker who placed children, women, service users and the public at risk because his fitness to practise was impaired over several years, accepted the one SSSC condition which was to write a reflective essay. I am not judging this worker, I do not know what his mitigating circumstances were, but they were clearly taken into account. However, I believe the pervasive lack of logic and consistency within SSSC must be addressed as a matter of urgency.

Response from Lorraine Gray, chief executive SSSC

Under this heading, you raise complaints about how the decision was reached. The Decision was reached in terms of our Rules. There is a statutory appeal right to the Sheriff Court.

As with a number of the previous parts of your complaint, the issues you have raised under this part of the complaint do not fall within our Complaints Handling Procedure and you should consider appealing the decision to the Sheriff Court.


Picture: Athree23

Complaint 4: Length of time to complete process

The hearing process is not a quick one, so if you find yourself out of work after an allegation you can expect to be in career limbo for years, not weeks.

In criminal cases, the process from being charged to going to trial can vary from months to around two years, depending on the complexity of the case.

An SSSC investigation seems more likely to veer towards that ceiling, though it appears there are many instances where two years come and go.

From the worker's point of view, as in my position, I was essentially locked out of my chosen career for the last three years of my working life. That presents a major problem if you are having to find the money to pay for legal representation, never mind pay your daily bills.

It might also account for why a good number of workers accept the initial decision of the SSSC and avoid going to hearing – it is quicker, so financially less of an impact, and the ‘sentencing’ might be less severe.

Now, being the Devil’s Advocate here, that’s actually not good for the profession. As you will see from the complaint and Lorraine Gray’s response, I refused to have sanctions put on my registration after the initial investigation following being referred.

The ensuing 18 months apparently allowed a much “deeper clean” of my career, with minutes before the hearing began the SSSC was still content to apply those sanctions.

Between walking down the corridor to the hearing room and uttering, I’d reckon, between 300-400 words over the next few hours, I had rocketed from ‘sanctionable’ to a danger to the public, a disgrace to my profession, a liar and a fantasist; someone who would be willing to watch a child die rather than use the petty cash box to buy a £25 life-saving aid, someone who could kill numerous sick children over a period of years; someone whose name would not be out of place alongside a mass murderer.

If these extra few hours on my investigation produced these revelations, then you must surely argue the case that the chances are a lot of our colleagues have got off lightly and the SSSC has returned a veritable army of potential killers back into the workplace.

I’m actually more cynical. I think going to hearing just makes a lot more work for a resource-strapped SSSC, and demands to have a full investigation into allegations that affect your professional standing or can even end your career are not embraced by the governing body, but resented.

The response to this complaint, from SSSC chief executive Lorraine Gray, is given at the end.

Complaint 4: The length of time it has taken to conclude the process

I was not aware that the investigation and hearing process would take in excess of 18 months to complete. As my FOI requests demonstrate, with an average investigation taking months or years to complete I would argue that very few workers could afford legal support for this length of time.

Furthermore, if workers have been placed under conditions or restrictions they may, as in my case, find themselves unable to work, which means they are further disadvantaged in being unable to afford legal representation.

This may force workers into accepting the conditions of the SSSC without a fair hearing due to financial constraints.

This I empathise with completely. When the allegations were first made against me, the SSSC first imposed conditions on my registration with my agreement, as I believed I was entering a fair and balanced process which I was told would take around nine months. I lost a job because of this, and certainly could not have found another in statutory child care because of the case holder’s use of the word ‘supervision’ which he clearly did not understand in the social work context. The conditions were subsequently removed in July 2017, allowing me to take on agency work. New conditions were then proposed which made agency work (my last chance of employment in social work) impossible and I decided I had no choice but to go to a hearing.

I had to ask about the progress of my case on several occasions; on one of these I had been asked to provide information by July 24 but heard nothing so emailed, and in September was informed that the case holder had been on holiday on that date, then broke his wrist so there had been no progress. In the interim I had not been informed, nor the case passed on to someone else. This clearly demonstrates the contempt with which SSSC regards the Public Services Ombudsman’s recommendation that it follows its own procedures which state that staff need to keep registrants informed of progress and also to plan communication when periods of inactivity are likely (Decision Reports 201508066 and 201507957 August 2016).

Response from Lorraine Gray, chief executive SSSC

On 19 December 2017 you emailed us and raised concerns about the length of time the investigation had taken. We responded to this by letter dated 22 December 2017 and provided information on how to take this particular complaint further.

The case was referred to us in October 2016. By December 2017 the investigation had concluded and you had been offered a sanction. You did not agree with the sanction offered and exercised your right to have the case heard by a Fitness to Practise Panel. The time it takes to hold a hearing is based on timescales within the Fitness to Practise Rules which allow for evidence to be exchanged and to provide the parties adequate time to prepare a case. In addition to this, a hearing date will depend on the availability of Panel members. The Panel convened in May 2018 and adjourned to July 2018.

I do acknowledge that Mr Miller had a short period of unforeseen sickness leave. His return to work also coincided with some other hearing commitments. This meant some aspects moved slower than others. I am not satisfied having someone else carry out Mr Miller’s duties during this period would have led to the case concluding quicker. The reason being that any new person allocated the file would time to familiarise themselves with the file. Had Mr Miller’s sickness absence been more long term then this option would have been considered.

I am unable to find evidence that the case was unreasonably delayed. I am satisfied the case was managed appropriately within our available resources.

Picture: Valentinsimon0