Paul Burnett's report

Summary

A request was made regarding the Paul Burnett report into Children and Family Services, specifically asking about social workers failing HCPC standards and subsequent actions. The Department of Health and Social Care disclosed that the professional reviewers did not identify any staff who failed to reach the expected standards.

Key Facts

• The professional reviewers for the Tynwald-ordered investigation did not identify any social workers or DHSC staff who failed to reach HCPC Professional Standards.
• Consequently, no disciplinary action was taken against individuals for these specific failures as none were identified.
• The DHSC confirmed it has a duty to report cases where an individual's fitness to practice is in doubt to the HCPC.
• The response clarified that not every error or individual failure requires reporting to the HCPC, as many issues are resolved through local procedures.
• The request was received on 13 November 2017 and the response was issued on 20 November 2017.

Data Disclosed

• 13 November 2017
• 20 November 2017
• 0
• IM110-174i
• Page 1 of 3
• Page 2 of 3
• Page 3 of 3

Data Tables (1)

Full Response Text

Department of Health and Social Care

Rheynn Slaynt as Kiarail y Theay

Page 1 of 3 FOIA/DHSC/rvsd/01

Chief Executive: Malcolm Couch

By email:

Freedom of Information Team Department of Health & Social Care Chief Executive’s Office Crookall House Demesne Road Douglas Isle of Man, IM1 3QA Tel: Email: Website: Date: FOI Reference: (01624) 642621 foi.dhsc@gov.im www.gov.im/dhsc 20 November 2017 IM110-174i

Dear

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your request to the Department of Health and Social Care, dated 13 November 2017 Your request You asked for: In respect of the recent Paul Burnett report into Children and Family Services at the DHSC, please can you advise:- Question 01: “How many social workers and DHSC staff involved in the cases identified were found to have failed to reach the Health and Care Professionals Council (HCPC) Professional Standards expected?” Question 02: “What action has been against taken against these individuals by the DHSC in respect of these failures?”
Question 03: “In the event that these breaches of professional standards by social workers have not been reported to the HCPC, please can you advise why this decision was taken, when and by whom?” Question 04: “Given that HCPC Registration is an essential criteria in recruitment and if the Department has not reported breaches of professional standards that were identified, to this body, how can the taxpayers of the Isle of Man be satisfied that the social workers in its employ are competent?”
Question 05: “Is there a duty upon DHSC to report breaches of professional standards to the HCPC when employing those subject to its professional registration?”

Page 2 of 3 FOIA/DHSC/rvsd/01 Response to your request We are pleased to be able to provide a response to your request with answers to your questions: Question 01: How many social workers and DHSC staff involved in the cases identified were found to have failed to reach the Health and Care Professionals Council (HCPC) Professional Standards expected? In response to Question 01, the professional reviewers who carried out the Tynwald-ordered investigation did not advise the Department of any social workers or Department of Health and Social Care staff whom they had identified as failing to reach the HCPC Professional Standards.
Question 02: What action has been against taken against these individuals by the DHSC in respect of these failures? In response to Question 02, please see question 01.
Question 03: In the event that these breaches of professional standards by social workers have not been reported to the HCPC, please can you advise why this decision was taken, when and by whom? In response to Question 03, please see question 01. Question 04: Given that HCPC Registration is an essential criteria in recruitment and if the Department has not reported breaches of professional standards that were identified, to this body, how can the taxpayers of the Isle of Man be satisfied that the social workers in its employ are competent? In response to Question 04, please see question 01.
However, you may be interested to read the information provided by HCPC regarding the Fitness to Practice process using the link provided below. You will note that not every error or individual failure to meet the required standard need be reported, nor would the HCPC investigate if they were. The table on page 4 is clear that where the issue is one of ‘Lack of competence’ it is “(usually repeated and over a period of time)”. Pages 6-8 are clear that most situations involving misconduct, lack of competence and ill-health “can be resolved quickly and proportionately through local procedures.” Such local procedures would include capability and disciplinary procedures. http://www.hcpc-uk.org/assets/documents/10001FC8TheFTPprocess cfw.pdf Question 05: Is there a duty upon DHSC to report breaches of professional standards to the HCPC when employing those subject to its professional registration? In response to Question 05, as an employer of professional registrants of the HCPC the Department has a duty to report any case where it was felt an individual’s fitness to practice was in doubt in line with the guidance provided (see link above).

Page 3 of 3 FOIA/DHSC/rvsd/01 Your right to request a review
If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to the FOI Co-ordinator, Department of Health & Social Care, Chief Executive’s Officer, Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA. An electronic version and paper version of our complaint form can be found by going to our website www.gov.im/about-the-government/freedom-of-information/how-to- make-a-freedom-of-information-request/ . Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.
If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on:

1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or
2. Whether we are justified in refusing to give you the information requested.
   In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.
   Further information about Freedom of Information requests can be found on the Information Commissioner’s website at: www.inforights.im/information-centre/freedom-of-information. Should you have any queries concerning this letter, please do not hesitate to contact us. Yours Sincerely

Freedom of Information Team Department of Health and Social Care