20/03/2012 Taro Naw


20/03/2012

Similar Content

Browse content similar to 20/03/2012. Check below for episodes and series from the same categories and more!

Transcript


LineFromTo

This woman made a complaint of alleged abuse at a centre...

0:00:040:00:08

..for people with severe learning disabilities in Carmarthen.

0:00:080:00:11

She says the local council hasn't dealt with the complaint...

0:00:110:00:14

..and she's been punished for raising it.

0:00:140:00:17

I've lost out financially, but what worries me most...

0:00:170:00:21

..is the effect this has had these people.

0:00:210:00:26

Tonight, on Taro 9, does the whistleblower pay the price?

0:00:260:00:31

Subtitles

0:00:320:00:33

Subtitles

0:00:330:00:35

Llansteffan, Carmarthenshire.

0:01:020:01:04

Throughout her life, Delyth Jenkins has lived and worked in the area.

0:01:040:01:09

From 1994 on, she was an administrative officer...

0:01:090:01:12

..at a day centre in Johnstown, run by Carmarthenshire Council.

0:01:120:01:17

Adults with severe learning difficulties attend the centre...

0:01:170:01:20

..and one individual, Sally, not her real name, stays in her mind.

0:01:210:01:26

I'd say she was seven-and-a-half, eight stone at the most.

0:01:290:01:32

She can't talk.

0:01:320:01:34

She gets frustrated when people don't understand what she wants.

0:01:340:01:39

I regularly felt that people didn't have time for her.

0:01:390:01:44

We can't show you Sally's picture...

0:01:510:01:53

..as her family don't want her to be recognised.

0:01:530:01:56

But in June 2005, something happened at this centre behind me...

0:01:560:02:01

..that would change the lives of Sally, her family...

0:02:010:02:04

..and Delyth Jenkins forever.

0:02:040:02:07

I was in the office and I heard the door opening.

0:02:070:02:11

I didn't hear anything afterwards, so I knew someone had gone out.

0:02:130:02:17

Then Delyth Jenkins looked out of her window.

0:02:180:02:22

I could see Sally out in the car park.

0:02:230:02:27

People who attended the centre weren't supposed to go out...

0:02:270:02:30

..unless accompanied by a member of staff.

0:02:310:02:33

Delyth Jenkins was worried that Sally was outside alone.

0:02:330:02:37

I went out and as soon as she saw me, she sat down.

0:02:370:02:42

I tried, for a few seconds, to coax her back in..

0:02:430:02:47

..but she refused to move.

0:02:470:02:49

Guidelines say care has to be taken in attempting to move or carry...

0:02:490:02:54

..people with severe learning disabilities...

0:02:540:02:56

..Delyth decided to call for the help of two colleagues.

0:02:560:03:01

Without warning, Officer B held her under her arms...

0:03:010:03:05

..and yanked her up.

0:03:060:03:08

While she did that, the other witness tried to tell her...

0:03:100:03:14

..to leave her alone, that she'd get up in her own time.

0:03:140:03:18

The way she was lifted went completely against her care plan.

0:03:180:03:24

Then she was pushed into the centre...

0:03:240:03:28

..and then pushed into the toilet.

0:03:280:03:31

Delyth Jenkins didn't witness what happened inside the toilet...

0:03:310:03:36

..but her colleague who followed Sally and Officer B into the toilet..

0:03:360:03:41

..alleged she had heard Officer B hitting Sally.

0:03:410:03:45

The other worker went after them and then she heard a slap.

0:03:450:03:51

The incident was among a number things that worried Delyth Jenkins...

0:03:570:04:01

..about the way vulnerable people were treated at the centre.

0:04:010:04:06

She was worried Officer B wasn't qualified to work with...

0:04:060:04:09

..people with severe learning disabilities.

0:04:100:04:12

In 2005, she took her complaints to her managers in the council.

0:04:120:04:17

A lot of good people work in these types of centres...

0:04:170:04:21

..but it's been the easiest job to get into...

0:04:210:04:25

..and you're working with the most vulnerable people in society.

0:04:250:04:30

It's important to ensure they do the checks...

0:04:310:04:34

..and they employ the right people because it's not for everyone.

0:04:340:04:38

Sally's mother doesn't want to be seen on camera...

0:04:390:04:42

..as she doesn't want her daughter to be recognized.

0:04:430:04:47

She feels indebted to Delyth Jenkins for raising her concerns...

0:04:470:04:51

..about the way her daughter was treated.

0:04:510:04:54

I'd like to thank her on behalf of myself and my husband...

0:04:540:04:58

..but mostly for my daughter and the vulnerable people...

0:04:590:05:03

..that are in the centre that she spoke up for and protected.

0:05:030:05:07

According to the mother, Delyth Jenkins was punished for her bravery.

0:05:080:05:12

I think she was very badly treated, Mrs Jenkins...

0:05:120:05:16

..for the way she supported vulnerable people in the centre.

0:05:160:05:21

When a complaint of abuse is made and an investigation is held...

0:05:210:05:25

..the accused are usually suspended from work.

0:05:250:05:28

Despite Delyth Jenkins's complaint, Officer B...

0:05:280:05:32

..who denied hitting Sally, remained in post for five months.

0:05:320:05:36

She didn't feel her complaint was adequately addressed by the council.

0:05:360:05:40

They didn't give any feedback at all.

0:05:400:05:43

The policy is that when someone makes a compliant...

0:05:430:05:46

..they should reply within 10 days and give regular feedback.

0:05:460:05:50

But they didn't listen. They just didn't take is seriously.

0:05:500:05:55

In June 2006, 10 months after Delyth Jenkins...

0:05:560:06:00

..made an official complaint to the county council...

0:06:000:06:03

..she met with the council official who was handling the complaint.

0:06:030:06:07

What the official said to her was of great concern.

0:06:070:06:10

I told her what was going on.

0:06:110:06:13

She said, "We know what's going on within the department....

0:06:130:06:16

"..but the glass is too thick above."

0:06:160:06:19

She said my complaints went nowhere.

0:06:190:06:23

What did you think she was trying to tell you?

0:06:230:06:28

That someone was stopping things.

0:06:280:06:31

In July 2006, Delyth Jenkins decided to take her complaint...

0:06:310:06:35

..to the Public Services Ombudsman for Wales.

0:06:350:06:38

Within two days, she received a reply...

0:06:380:06:40

..saying they would look into her complaints.

0:06:400:06:43

On occasion, the Ombudsman deals with complaints from 'whistleblowers'...

0:06:430:06:47

..people like Delyth Jenkins...

0:06:470:06:48

..who draw attention to workplace maladministration.

0:06:480:06:51

We went to Middlesex University to meet Professor David Lewis...

0:06:530:06:57

..one of Britain's top experts on whistleblowing.

0:06:570:07:00

The academic says it takes great bravery for individuals...

0:07:000:07:04

..to voice their concerns if they see maladministration in their workplace.

0:07:040:07:08

If they do face problems...

0:07:090:07:12

..it's likely to be that they're not believed, that they're ignored...

0:07:120:07:16

..that they're seen as trouble-makers, they're ostracised.

0:07:160:07:20

So it can have an extremely negative effect.

0:07:200:07:25

Delyth Jenkins felt that some were trying to make things hard for her...

0:07:250:07:30

..and making her life miserable.

0:07:300:07:33

After taking her complaint to the Ombudsman...

0:07:330:07:35

..she says she started receiving sinister phone calls.

0:07:360:07:38

TELEPHONE

0:07:390:07:40

They always happened in clusters...

0:07:400:07:42

..at times when the investigation was progressing.

0:07:430:07:46

There were sometimes three or four a day.

0:07:470:07:49

I started to log them and there were more than 100 by the end.

0:07:490:07:54

I'd answer, say good morning and the name of the place...

0:07:540:07:57

..there'd be silence, then they'd hang up.

0:07:570:08:01

It was done in order to harass me and threaten me.

0:08:020:08:07

Delyth Jenkins logged the calls from Summer 2006 to September 2009.

0:08:070:08:14

She answered most at her office but she also received calls at home.

0:08:140:08:20

Are you sure that was the intention?

0:08:200:08:23

Perhaps someone was making a mistake or maybe it was a coincidence.

0:08:230:08:27

It always happened when things were progressing to another level...

0:08:270:08:34

..and there were too many.

0:08:340:08:36

Delyth Jenkins took her complaints...

0:08:370:08:39

..to the highest level in the county council.

0:08:400:08:43

In a meeting with the Director of Public Services, Bruce McLernon...

0:08:430:08:47

..she says he promised to deal with her concerns.

0:08:470:08:51

The administrative officer...

0:08:520:08:53

..had also contacted the council's Chief Executive, Mark James.

0:08:530:08:56

I wrote to him in July 2006, outlining all the complaints.

0:08:560:09:05

It seems that he passed it on to his monitoring officer and...

0:09:050:09:09

..I heard nothing further about it.

0:09:100:09:12

Although senior council official were aware of the complaints...

0:09:130:09:17

..Carmarthenshire County Council's department of Social Services...

0:09:170:09:20

..had not informed Sally's family of the alleged incident.

0:09:200:09:24

More than a year passed before the mother heard of...

0:09:240:09:27

..an investigation into allegations that her daughter had been abused...

0:09:270:09:31

..which in council care.

0:09:310:09:33

It was by accident that we found out about it, a year after.

0:09:330:09:37

I didn't realise that they were investigating allegations of abuse.

0:09:370:09:41

Because of this, we continued to send my daughter there.

0:09:410:09:44

She was then abused by a second member of staff.

0:09:440:09:49

In July 2006, witnesses claim to have seen Sally...

0:09:510:09:55

..being hit across the head by another member of staff...

0:09:550:09:59

..who resigned soon afterwards.

0:10:000:10:01

And Sally didn't only suffer physical abuse...

0:10:020:10:05

..according to Delyth Jenkins.

0:10:050:10:07

She also suffered psychological bullying.

0:10:070:10:09

Sally had refused to eat her lunch, and she was told...

0:10:090:10:13

..she couldn't have her pudding because "she's got to learn".

0:10:130:10:17

The following day, she wasn't given pudding again...

0:10:180:10:20

..because it would look as if they were giving in to her.

0:10:200:10:25

Officer B's disciplinary hearing was held in May 2007...

0:10:250:10:28

..almost two years after the first alleged incident of abuse.

0:10:280:10:33

Although she was found guilty of misconduct...

0:10:330:10:35

..Carmarthenshire County Council decided...

0:10:360:10:38

..there wasn't enough evidence to prove that she'd hit Sally.

0:10:380:10:42

Although Officer B no longer works at the Johnstown Day Centre...

0:10:420:10:46

..she still has an administrative position...

0:10:460:10:49

..in the care services department.

0:10:490:10:51

During the ombudsman's investigation...

0:10:520:10:53

..Delyth Jenkins heard rumours that efforts were being made...

0:10:540:10:57

..to move her to a different job within the council.

0:10:570:11:01

By summer 2009, four years after the original complaint...

0:11:010:11:05

..the strain was affecting her health.

0:11:050:11:07

I call it psychological abuse. They just tried to wear me down.

0:11:080:11:12

I had chest pains.

0:11:120:11:15

My blood pressure had gone through the roof.

0:11:150:11:18

I didn't want to go to work.

0:11:180:11:21

I kept concentrating on this ombudsman's report.

0:11:210:11:25

I kept thinking...

0:11:260:11:27

..I have to carry on to make things better for these people.

0:11:270:11:33

After the break, we'll hear the outcome of that investigation.

0:11:330:11:38

Delyth Jenkins made a complaint, claiming a disabled girl...

0:11:570:12:01

..was being abused by staff at a centre for adults...

0:12:010:12:05

..with learning difficulties in Carmarthen.

0:12:050:12:08

After failing to get answers from Carmarthen County Council...

0:12:080:12:12

..she took her complaint to the ombudsman.

0:12:120:12:15

She also turned to someone else who'd had a similar experience.

0:12:150:12:19

Eileen Chubb lost her job after voicing concerns...

0:12:200:12:23

..about mistreatment at a nursing home for the elderly in England.

0:12:230:12:28

She saw similarities between the cases.

0:12:280:12:30

It's the level of failure that's scandalous.

0:12:300:12:33

It's not just one level of management...

0:12:330:12:36

..it's all the way through the council.

0:12:360:12:39

In September 2009, three years after the investigation started...

0:12:390:12:42

..the ombudsman's office published a report...

0:12:430:12:45

..on Delyth Jenkins's complaints.

0:12:450:12:47

The conclusions were damning.

0:12:480:12:50

Carmarthenshire County Council officials were severely criticised.

0:12:500:12:54

This complaint was one of the most serious we've received.

0:12:540:13:00

Very often, we see isolated cases...

0:13:010:13:05

..with regard to the complaints we receive.

0:13:050:13:08

We were concerned about this case because we were aware...

0:13:080:13:12

..that similar cases were happening within the centre.

0:13:120:13:16

So it wasn't only this individual who was in danger.

0:13:160:13:20

During this time...

0:13:200:13:22

..other individuals who attended the centre were also in danger.

0:13:220:13:26

The ombudsman decided that Delyth Jenkins was right to complain.

0:13:260:13:30

The main issue was a lack of management...

0:13:300:13:33

..within the learning disability department.

0:13:340:13:37

There wasn't a culture of putting the individual...

0:13:370:13:41

..at the heart of the service.

0:13:410:13:44

There were also obvious failures in the way they investigated...

0:13:440:13:50

..the complaints they received about the service in that centre.

0:13:500:13:56

Sally's family welcomed the report...

0:13:570:13:59

..but thinking about her daughter's experiences...

0:13:590:14:01

..was heartbreaking for her mother.

0:14:020:14:04

It was heartbreaking. It still is now.

0:14:040:14:07

You know, it's very hard to send her to people who are abusing her.

0:14:070:14:13

You're hoping that they're taking care of her.

0:14:130:14:17

For charities that work with people with learning difficulties...

0:14:170:14:20

..Sally's experience was a cause for great concern.

0:14:200:14:24

According to Rhodri Davies from Mencap, it raises questions...

0:14:240:14:27

..about the methods used to communicate with people...

0:14:280:14:31

..with serious learning disabilities and who can't speak...

0:14:310:14:34

..to find out about possible cases of abuse.

0:14:340:14:37

It's important for providers to consider working...

0:14:370:14:42

..with people who are experts in this field.

0:14:420:14:48

Maybe people who could work with individuals like Sally...

0:14:480:14:51

..by using special techniques like using pictures or symbols...

0:14:510:14:57

..in order to work with them, and get that feedback.

0:14:570:15:01

Unlike residential homes...

0:15:020:15:03

..day centres like the one Sally attended...

0:15:030:15:06

..are not regulated by independent agencies.

0:15:070:15:10

Delyth Jenkins believes the Government...

0:15:100:15:12

..should intervene to change that.

0:15:120:15:15

Carmarthenshire County Council says it has responded...

0:15:160:15:19

..to what the ombudsman raised and that it has changed the way...

0:15:190:15:24

..it deals with complaints like those you made.

0:15:240:15:28

One of the recommendations in the ombudsman's report...

0:15:290:15:32

..was that it would alert the Welsh Government about the fact...

0:15:320:15:36

..that these people are vulnerable.

0:15:360:15:38

The report said that it should be regulated from outside.

0:15:380:15:44

But it seems to me that that hasn't happened.

0:15:440:15:48

The ombudsman's report made several recommendations.

0:15:480:15:51

But what concerned Delyth Jenkins was that most of the officials...

0:15:510:15:56

..who were criticised about the way they dealt with the complaint...

0:15:560:16:01

..were still in post.

0:16:010:16:03

After the report was published, Delyth Jenkins met...

0:16:030:16:06

..the county council's chief executive, Mark James.

0:16:060:16:09

As soon as I went in, I knew he was angry.

0:16:090:16:14

When I started asking what was going to be done...

0:16:140:16:18

..as a result of the report, he shouted at me...

0:16:180:16:22

..and what he said was, "Back off a bit."

0:16:220:16:26

I felt he was quite threatening.

0:16:260:16:29

No complaints have been made against the current staff.

0:16:290:16:32

Only one staff member who worked there...

0:16:330:16:35

..when the alleged abuse occurred still works there.

0:16:350:16:39

But we wanted to know how many of the people who were criticised...

0:16:390:16:44

..by the ombudsman still work for the authority.

0:16:440:16:47

The council didn't want to discuss the staff...

0:16:480:16:50

..who were mentioned in the 2009 report.

0:16:500:16:54

The council told us this matter was settled by both sides...

0:16:540:16:58

..several months ago.

0:16:580:17:00

The council says changes have been made to the care service...

0:17:000:17:04

..since the ombudsman's report into Delyth Jenkins' complaints...

0:17:040:17:07

..and the Care Standards Inspectorate has acknowledged that.

0:17:070:17:10

You can't draw a line through things if they're inconvenient.

0:17:110:17:15

As long as those people are employed by the council...

0:17:150:17:19

..the culture is exactly the same now as it was then.

0:17:190:17:23

Are you worried it could happen again?

0:17:230:17:26

Yes. I'm seriously concerned it could happen again.

0:17:260:17:29

It's a scandalous failure.

0:17:290:17:32

According to Sally's mother, her daughter's problems...

0:17:330:17:35

..have worsened following her experiences in the day centre.

0:17:350:17:39

I think they let us down badly.

0:17:390:17:42

They failed to protect my daughter on a number of occasions...

0:17:420:17:48

..before and after the abuse was reported.

0:17:480:17:51

Seven years on, she's still suffering from the effects...

0:17:510:17:54

..of what happened during that time.

0:17:550:17:57

She suffers medical and psychological problems...

0:17:570:17:59

..that will probably be with her for years.

0:18:000:18:03

The mother's concern is that Delyth Jenkins' experience...

0:18:030:18:06

..will deter staff from taking complaints to the authorities...

0:18:060:18:10

..if they believe disabled people are being abused.

0:18:100:18:13

Staff will think twice before reporting any abuse they see...

0:18:140:18:17

..because they're frightened of losing their jobs.

0:18:180:18:21

Professor David Lewis is an expert in occupational law...

0:18:210:18:25

..and is used to cases like this.

0:18:250:18:28

Carmarthenshire County Council had a policy about raising concerns...

0:18:280:18:32

..about care standards when Delyth Jenkins made her complaint.

0:18:320:18:36

But according to the academic, what's on paper...

0:18:360:18:40

..and what happens in reality can be very different.

0:18:400:18:44

I've had a look at the current procedure.

0:18:450:18:48

I'm not sure it's the best, but it's a question of credibility.

0:18:480:18:52

People have to have confidence...

0:18:520:18:54

..that you're going to abide by the procedure.

0:18:540:18:57

The Jenkins case suggests this procedure isn't anything other...

0:18:570:19:01

..than a piece of paper and that they won't suffer retaliation.

0:19:010:19:05

So this is a great difficulty for the authority.

0:19:050:19:10

The county council says it has put solid processes in place...

0:19:100:19:14

..following the ombudsman's report.

0:19:140:19:16

But does that mean the problems are over?

0:19:160:19:19

We've looked at how the processes and so on have changed...

0:19:200:19:24

..within the council.

0:19:250:19:26

They seem to be solid.

0:19:260:19:28

With regard to culture, that's obviously something...

0:19:280:19:32

..that's more difficult to put in place.

0:19:320:19:34

That's something that may take time to take effect.

0:19:350:19:39

We've been taking to the Care Standards Inspectorate...

0:19:400:19:43

..so that it can, within its own reviews over a period of time...

0:19:430:19:50

..make sure that the situation has improved...

0:19:500:19:54

..and is effective and permanent.

0:19:540:19:57

Delyth Jenkins is pleased that the ombudsman has decided...

0:19:570:20:00

..that the county council failed to investigate her complaint.

0:20:000:20:05

However, she feels more needs to be done...

0:20:050:20:08

..to ensure this doesn't happen again.

0:20:080:20:11

The Government should give the ombudsman more powers.

0:20:120:20:15

If the Government won't deal with the matter, who will?

0:20:150:20:20

In October 2010, Delyth Jenkins left her job with the council.

0:20:200:20:24

She intended to take her former employer to an industrial tribunal.

0:20:240:20:29

But before the hearing last July, she agreed a financial settlement.

0:20:300:20:34

However, she feels she had to leave a job she enjoyed...

0:20:340:20:38

..and claims that the officials who dealt with the complaint...

0:20:390:20:43

..are still in their jobs and some have been promoted.

0:20:430:20:47

They should have lost their jobs for what they did.

0:20:480:20:51

You're talking about the most vulnerable people in society.

0:20:510:20:55

They can't stand up for themselves.

0:20:550:20:57

It's disgraceful, to be honest.

0:20:570:20:59

Taro Naw asked for an interview...

0:21:000:21:02

..with Carmarthenshire County Council's...

0:21:020:21:04

..director of care services, Bruce McLernon.

0:21:040:21:08

However, he refused.

0:21:080:21:10

The chief executive, Mark James, also refused to be interviewed.

0:21:100:21:15

In a statement, Carmarthenshire County Council told Taro 9...

0:21:150:21:19

'..that the authority is disappointed by continued efforts...

0:21:190:21:22

'..to bring this matter to the public's attention...

0:21:230:21:25

'..five or six years after the events...

0:21:260:21:28

'..suggesting, as it were, that that situation remains unchanged.

0:21:280:21:32

'At the time, the criticism, which could be justified...

0:21:320:21:35

'..of the failure of protective processes...

0:21:350:21:38

'..was taken very seriously and the authority...

0:21:380:21:41

'..has taken all the appropriate steps to ensure...

0:21:410:21:44

'..that such failures won't be repeated.'

0:21:450:21:48

The council added that they work with parents, carers...

0:21:500:21:53

..spokesgroups and managers to continually develop their services.

0:21:530:21:58

But according to an international expert on such cases...

0:21:590:22:02

..there was serious misadministration in Delyth Jenkins's case...

0:22:020:22:05

..and the Welsh Government needs to act.

0:22:050:22:08

Given the ombudsman was involved...

0:22:080:22:11

..and made a finding of serious maladministration...

0:22:110:22:13

..I would have thought the politicians should say...

0:22:130:22:16

.."This isn't good enough. It's not up to scratch.

0:22:160:22:19

"This is an embarrassment, it's sending out the wrong message.

0:22:190:22:22

"We need to do something about it."

0:22:220:22:24

Another who suffered after raising concerns about care services...

0:22:240:22:30

..is calling on the Welsh Government to hold a full inquiry...

0:22:300:22:34

..into Delyth Jenkins's case.

0:22:340:22:35

We need to look at this in detail and learn lessons from this case.

0:22:350:22:39

This could apply to any council.

0:22:390:22:42

I think nationally and locally, it needs to be looked at in detail.

0:22:420:22:46

There needs to be an official inquiry into this case.

0:22:460:22:50

We requested an interview...

0:22:510:22:53

..with the Government's Deputy Health Minister, Gwenda Thomas.

0:22:530:22:56

Our request was refused.

0:22:560:22:58

The Government says it can't discuss individual cases.

0:22:580:23:01

A spokesperson added that the Government understood...

0:23:010:23:04

..that Carmarthenshire County Council was responding to the report...

0:23:040:23:07

..and it would be inappropriate to comment further.

0:23:070:23:10

Despite leaving a good job and pension scheme...

0:23:120:23:15

..Delyth Jenkins is content that she has done the right thing.

0:23:150:23:19

It takes strength and bravery to take a complaint about injustice...

0:23:190:23:23

..to employers, according to one who has been through the experience.

0:23:230:23:26

She's got integrity and she's got courage.

0:23:260:23:29

She'll stand up for what's right and speak out and that's not easy.

0:23:290:23:33

People like Delyth should be treasured.

0:23:340:23:36

They shouldn't be treated as she has been.

0:23:360:23:38

Delyth Jenkins isn't sure she'd have the strength...

0:23:380:23:41

..to make a similar complaint again, but she is convinced she was right...

0:23:410:23:45

..and her only choice was to challenge the council...

0:23:450:23:50

..and draw attention to the suffering of a disabled woman...

0:23:500:23:53

..and couldn't speak for herself.

0:23:530:23:55

This has had an effect on me personally.

0:23:550:23:59

I've lost trust in people, but more than that...

0:23:590:24:03

..I feel deep pity for Sally and her family.

0:24:040:24:09

It's clearly destroyed a part of their lives.

0:24:090:24:13

S4C subtitles by Red Bee Media Ltd.

0:24:310:24:34

Download Subtitles

SRT

ASS