Care concern nurse's work ban dispute

A NURSE claims she has been banned twice from working at Swansea and Neath Port Talbot's hospitals after raising concerns over a patient's care.

Alice Clarke, says she was blocked from working for Abertawe Bro Morgannwg University Health Board after she flagged up her concerns about the treatment of a Morriston Hospital patient to a doctor. Ms Clarke is now taking her case against Abertawe Bro Morgannwg University Health Board to an employment tribunal.

The patient involved subsequently died — but at a pre-hearing review held in Cardiff the employment judge said as far as he was aware both the doctor and the health board "were exonerated of any responsibility for the patient's death."

The review document before employment judge J Ferris said: "In the course of the events of April 12, 2009, the claimant identified her concerns about patient care (or the lack of it) to a doctor in whose care the patient had been placed.

"There is a dispute about who said what, and the manner in which the claimant spoke to the doctor.

"Following that incident the patient died.

"There was an investigation into the circumstances in which the patient died, and so far as I am aware the doctor (and the respondent) were exonerated of any responsibility for the patient's death.

"There was also an investigation into the claimant's conduct (as an agency worker and registered nurse) in the confrontation with the doctor. As a result of that investigation, according to the respondent, a decision was made to ban the claimant from working for the respondent."

At the time the nurse, who is described as having many years experience working in the NHS, was working for Thornbury Nursing Services.

But by late March 2010 the claimant had gone to another agency — Richmond Nursing Agency and from that stage on she was again regularly working through the agency for ABM University Health Board.

The health board said it was due to a "mistake" that Ms Clarke had been allowed to work again at its hospitals as there had been no change in its decision to ban her.

"On the basis of three of four shifts a week for 25 weeks, the claimant probably worked nearly a 100 shifts during a period when the respondent says that she was 'still banned'," the report said.

Ban

In October 2010 the health board's nursing bank manager, Tracy Jenkins, found Ms Clarke had been working again for ABM. In a letter to Ms Clarke, Mrs Jenkins confirmed no untoward incidents or complaints had been reported against her.

The report added: "As a result of the original ban the respondent notified the agency that the claimant was banned, and so ended the claimant's work with the respondent, for the second time."

It was argued by the health board that the claim put forward by Ms Clarke was "out of time as having been presented more than a year after the relevant act."

The pre-hearing review says, a dispute exists as to whether or not Ms Clarke's concerns were raised as a whistle blower.

An Abertawe Bro Morgannwg University Health Board spokeswoman said: "The matter will be dealt with by the employment tribunal and it would not be appropriate to comment beforehand."

elizabeth.perkins@swwmedia.co.uk

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