I Have Been So So Bloody Stupid!!

[jeahh48]

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....

You can’t just apply for your own enhanced DBS.

Her employer must refer her to the DVD as she has been removed from working in regulated activity with them. She will satisfy the harm test (Harvey, those are examples of harm and as you say, at least 1 applies to the OP). If the DBS bar you from working with vulnerable adults, they will inform you in writing. If so, it is a criminal offence to apply for a job.

No "apply in a few years". No "get your own DBS". No "But I resigned before being fired".

If the DBS don't out you on a barred list, then you can apply and it's for a future employer to consider.

DBS not DVD!

That's what I'm saying. I don't think they will bar her.

Very glad to hear you're away from that abusive man op.

Based on what, that only one example on the harm list applies? You don't need multiple points on the list.

I know employees who have been barred by satisfying the harm test by committing gross misconduct at work and I think the OP should be aware it's likely

I've known employees turn up for work drunk or be found drinking at work and be sent home and the only action by the employer being to care about why a valued employee is in such a state that they turn up for work drunk/drink at work and to refer them to appropriate help.

Is that in the care sector, Harvey?

If those employers had carried out their legal obligation, those employees would have been referred to the DBS. Just because people are having a shit time, doesn't mean it's not gross misconduct. Would you feel the same about a teacher in charge of your children was pissed at work and the school just cared about why they were drunk?

The OP has messed up, admitted it and her employer have contacted the CQC. They'll get told that because permission to carry out regulated activity has been removed, they need to refer to the DBS. She will satisfy the harm test. Pretending her employer just care that's she OK is not going to help her now. She can just hope the DBS don't bar her or get work that does not carry out regulated activity if she is.

How does not wearing underwear have anything to do with this? You are making excuses for putting vulnerable people in harm. There is not excuse. It’s shit I know but you have to take full responsibility and part of that is knowing full well that you can never work with vulnerable people again.
Get yourself a regular job to pay the bills and volunteer at your local care home where you won’t be included in staffing numbers if you enjoy it that much.

Volunteer roles need a DBS for regulated activity so if she's barred she can't volunteer.

I know this is not the same but imagine someone groomed a vulnerable person, resigned before being fired and then volunteered at another similar place..
That's what the DBS is for - to make sure those who have or could have done harm to people through their own actions are not able to continue to do harm

You should not apply for another role.

These are vulnerable adults who you have a responsibility of care towards. While I truly am sorry you have been through hard times with your partner it doesn't excuse bringing a bottle of wine to work, putting residents at risk and then road users at risk afterwards. Thank goodness your colleague called the police.

I suggest you continue to seek help for your drinking and other things you're working through and find a job that doesn't involve working with vulnerable people.

Were you working as a nurse or HCP? If so, your regulator would be involved (NMC or the HCPC). You may have a code of conduct requiring you to report yourself if you get a conviction. You would be unlikely to be struck off unless you tried to conceal it, so check that you are compliant with any code of conduct.

If you were not regulated then apply and explain.