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Legal matters

I Have Been So So Bloody Stupid!!

38 replies

jeahh48 · 09/02/2018 22:00

Please do not judge until reading to the end....

I used to work as a carer in a home. Previous to this, l was abroad for 10 days with a very control freak husband (not allowed to wear trousers, not cross my legs, no underwear, verbally abused every single day that l was not good enough - and yes should have left ages ago but l loved him enough to stay). Last November he threw me out with nothing to return but a suitcase because he found a pair of jeans that l had hidden. Needless to say - no money, no job and no home but to stay with my parents. I found a role in a care home but honestly was distraught. I started to drink wine and on a night shift immorally and completely stupidly took a bottle of wine with me. A colleague obviously smelt my breath but on leaving the shift, called the police who witnessed me driving to home and arrested me. Yes I was charged with drink driving, court ensued and banned.

My question is again, yes l will completely own up to any future care employer application but the manager of the hone said it would have been automatically communicared to CQC and that could be barred by working with vulnerable adults again - l know the conviction will be on the Enhanched Check of drink driving but l love my job (l immediately resigned the day after l was arrested) but would love to apply for another role as my passion but scared that CQC may if indeed l have been reported to, may stop any application. I have spoken to them but cannot get a clear definitive answer!

Please help. Should l apply or not for another role....

OP posts:
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picklemepopcorn · 09/02/2018 22:04

Apply, and see what happens. Is your drinking now under control?

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Angelf1sh · 10/02/2018 07:13

That doesn’t seem terribly likely. We’re you only charged with driving with excess alcohol? Not anything to do with negligence in caring for the client that evening? Either way, you ought to have heard from the CQC if they’ve decided (independently of a court) that you can no longer work in the field. It’s not due process if you’re not told.

There’s always a risk that any conviction at all could stop you getting any job but it doesn’t sound like something that would result in automatic disbarment. The only way you can really find out it to try talking to the CQC again (what was unclear about their answer before?) and then by applying for jobs.

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toomuchfaster · 10/02/2018 07:22

The CQC inspect institutions not individuals. I can't see how they'd care about you.
My only concern is you won't have a reference from your last employment, but be honest about the drink/driving conviction up front and explain that's why.
You got the job before with nothing so I'm sure you can do it again.

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BigMamaFratelli · 10/02/2018 07:24

I know someone who was banned for drink driving and works in care homes. She's worked at several different places since the ban so I would assume new checks each time and it hasn't been an issue.

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HarveyKietelRabbit · 10/02/2018 07:28

It's got absolutely nothing to do with the CQC so that's bollocks for a start.

A drink driving conviction does not mean you are unable to work with vulnerable people either. You should declare it to your employer and they make an assessment/judgement of whether they want to employ you

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Pittcuecothecookbook · 10/02/2018 07:31

If you that employer removed you from working with vulnerable adults then they have a legal obligation to inform the DBS who will review the details and if you satisfy the conditions, will bar you from working in regulated activity again. Regulated activity would be working in a care home or with children. There's a full list online of what regulated activity is.

Unfortunately, if you have been fired from a regulated activity job because of harm, or potential harm, to adults or children, it is likely the dbs will add you to the barred list I'm afraid

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Pittcuecothecookbook · 10/02/2018 07:33

It depends if you were removed from work (which includes resigning before a conduct investigation) for drinking at work or being drunk caring for vulnerable adults or children, or just for drink driving.

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cordeliavorkosigan · 10/02/2018 07:33

Well done for getting rid of the horrible asshole!

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HarveyKietelRabbit · 10/02/2018 07:46

There are thousands of Drs, nurses, teachers etc with drink driving convictions. It's not an offence which is considered to mean you pose a risk to vulnerable people unless there were other circumstances.

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SoupDragon · 10/02/2018 07:53

I think the fact you were drinking at work means you aren’t suitable for another role.

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jeahh48 · 10/02/2018 08:07

If the manager of the home said its 'automatic' because the prosceutor in the court stated that a call was made, this is after driving home, at 07.30am - l did not know this until the court appearance. I just believed that the police were around the corner from my house for traffic monitoring.

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jeahh48 · 10/02/2018 08:09

No investigation was conducted. I immediately and voluntary resigned and never went back.

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Jessbow · 10/02/2018 08:09

I think the fact that you thought it ok to drink alcohol at work will be more of a problem than a driving conviction.

If you are working with the elderly/vunerable you know very well that its not appropriate, so you put them at risk ( under stress/exceptional circumstances/whatever) . In addition to this, you then drove, again irresponsible. The fact that you got caught is almost neither here nor there. Its your irresponsible behaviour that will prevent you working in the field, not the fact that you got caught.

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Mrsmadevans · 10/02/2018 08:10

You are not fit to look after yourself let alone care for others. You need help OP go to AA asap. You realise you are an addict , this is addiction when it impacts upon your everyday life.

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jeahh48 · 10/02/2018 08:10

If an investigation was conducted then surely l would to be there and make a signed and written statement?

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jeahh48 · 10/02/2018 08:13

To all - l am perfectly fit and able to look after vulnerable adults now. All counselling on going and teetotal regardless.

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FissionChips · 10/02/2018 08:14

I think your best bet op is to not work in care for a couple of years, get help for your issues and then reapply when you are ready and can show that you have sought treatment.

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Bluntness100 · 10/02/2018 08:21

I also think thr issue here is not the drink driving, it's thr fact you were drinking when working. I'm surprised you think it's the driving and not being drunk at work.

You can only apply and see what happens.

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Pittcuecothecookbook · 10/02/2018 08:25

You can't resign and avoid the consequences of the investigation. If you resigned to avoid the investigation, this will form part of the referral to the DBS and they will consider it when making a decision to add you to the barred list.

Yes, there are teachers who have drink driving convictions, but if those teachers were drunk at work, that is gross misconduct, they would be referred to the DBS who would make a decision. It doesn't matter of you resign at the point you are made aware of the allegations. Otherwise, people accused of anything - grooming, theft etc - would all just resign and get another job elsewhere.

The reason you're employer is obligated to refer this is that you were drinking at work, not because you were drunk driving outside of work.

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HarveyKietelRabbit · 10/02/2018 08:42

I doubt this would satisfy the DBS harm test but you'll have to make an enquiry about it OP.

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Pittcuecothecookbook · 10/02/2018 08:49

Yes it would

I Have Been So So Bloody Stupid!!
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BrownTurkey · 10/02/2018 08:52

I think you could apply for similar positions in a couple of years if you can stay clean, but I would disclose a past alcohol problem on applications and answer any direct questions honestly, otherwise if they find out later you could be dismissed. A good idea might be to call an agency or a big employer (maybe one that is not in your local area), and ask them how they would view this issue, because you are thinking of applying.

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lightcola · 10/02/2018 08:55

It will be the drinking on the job that future employers in the care sector won’t like.

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HarveyKietelRabbit · 10/02/2018 08:59

The only thing that applies to the OP would potentially be 'put a vulnerable adult at risk of harm' and this is a list of examples of what they mean by harm.

I Have Been So So Bloody Stupid!!
I Have Been So So Bloody Stupid!!
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QuiteLikely5 · 10/02/2018 09:05

Op

Just apply for your own check and you will see. I doubt you are barred.

Your conviction will show on your report. It is then up to your employer if they want to give you a job.

You will get the chance to explain to them beforehand as it does take a while to get the form back.

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