Tayside child care worker struck off

A Tayside child care worker who brandished a piece of wood at a young person with learning difficulties has been removed from the register.
A conduct hearing found that on September 2 2012, while working as a residential child care worker in Arbroath with the youngster, Scott Hamilton had committed misconduct.

The sub-committee was satisfied “on the balance of probability” that Mr Hamilton made disrespectful comments about his physical abilities and skills and on two occasions had pushed him on to a sofa, used his leg to restrain the teenager’s legs, held his arms against the sofa and restrained him for a period of time when he knew he shouldn’t be restrained.

After hearing the evidence the sub-committee was also satisfied that Mr Hamilton had refused to allow the young man to go to the toilet and had brandished the piece of wood at him.

Mr Hamilton was also found to have caused the teenager to fall to the ground and had pressed his hand down on to his face, restraining him on the ground.

He also abused his position as an experienced worker by telling his inexperienced colleague not to repeat to anyone what he was about to do, whereby he swore at and threatened the youngster.

He threatened to assault the youth and swore at him and he made inaccurate and incomplete entries in the daily progress sheet and incident record.

However, convener Ken Thomson said the sub-committee “was not satisfied there was sufficient evidence” that Mr Hamilton communicated with the youth by grunts and speaking to him in an intimidating manner.

Mr Thomson said it had been confirmed in February this year that Mr Hamilton would not be prosecuted “even though there was sufficient evidence to do so” because it was felt that it would be “detrimental” to the young person.

Earlier, in his closing speech, Mr Hamilton had described Miss Suzanne Eggo, the colleague who was with him throughout the incident, as “unreliable”.

He said: “Miss Eggo has four sequences of events.”

He added while he had no proof of a conspiracy, many of the things said by the other witnesses “did not add up”.

However, the sub-committee found that Miss Eggo and the other two witnesses were credible and reliable and Mr Hamilton was not.

Presenter for the Scottish Social Services Council Alistair Murdoch said it could be fairly said Mr Hamilton’s behaviour “went beyond a one-off”.

“It was over a period of time on a particular day and there were a number of elements to it,” he said.

Mr Hamilton had earlier said: “I have never hurt anyone in my life. I never came into this industry to beat up children, to threaten children.

“I accepted there was an incident but not one where I had any malicious intent.”

He added: “I genuinely have no intention of returning to this kind of work ever.”

The sub-committee decided to make a removal order.