A Kilmarnock social care worker has been struck off after being convicted of assaulting a man in her care during an incident in a pub.
Anne McCabe got herself involved with the service user at the Wheatsheaf Inn, in the town’s Portland Street, back in October 2022.
And just over a year later, on November 24, 2023, at Kilmarnock Sheriff Court, McCabe, a community care officer, was convicted of assault by striking the service user, known only as ‘AA,’ on the face.
Now her social services career is over after the regulator, the Scottish Social Services Council (SSSC) deemed her fitness to practise “impaired.”
In their notice of decision the SSSC said: “Social service workers are expected to ensure the safety and wellbeing of those in their care.
“In this case, not only did you (McCabe) fail to meet that expectation, but you actively undermined AA’s safety and wellbeing by assaulting them. Your actions fell far below the professional standards required. Instead of de-escalating the situation, your actions likely caused physical and emotional harm to the service user.”
According to the SSSC, McCabe maintained that the incident was “accidental.”
However, they also went on to say that this “does not diminish” the “seriousness” of her actions or “the harm caused” during the incident.
The report continues: “Your actions are serious. Social service workers are responsible for ensuring the safety and wellbeing of vulnerable individuals in their care.
“In this case, you (McCabe) physically assaulted AA, a vulnerable service user, by striking him on the face. This not only put AA at significant risk of physical harm but also likely caused emotional distress and undermined his trust, both in you and the sector more broadly.”
The SSSC did accept that the service user was in a “highly agitated state” and conceded that managing challenging behaviour “can be difficult.”
But, said the SSSC, social service workers are “expected to de-escalate the situation professionally.”
The report goes on: “This was a public incident, which increases the seriousness of your actions. Striking a service user, especially in such a setting, reflects a serious lapse in your responsibility to protect and care for vulnerable individuals.”
Factors in McCabe’s favour were the fact that this was an “isolated” incident, with “no evidence” of a pattern of misconduct. McCabe also “co-operated” with the SSSC’s investigation into the matter.
However, the regulator said the behaviour was “fundamentally incompatible” with professional registration.
The SSSC said McCabe’s response during the incident went “against the profession’s priorities of safety, care, and dignity for service users,” raising “serious questions” about her ability to continue practising in a role that “requires such values.”
The SSSC report concludes: “Your conviction for assaulting a vulnerable service user while carrying out your duties raises serious concerns about your ability to care for individuals safely.
“Although you were under pressure, your reaction was inappropriate and resulted in harm. Given the seriousness of your actions, concerns about your values, and lack of insight or remorse, there is an ongoing risk should you be allowed to continue practising. Social service workers are expected to handle challenging situations calmly and professionally, and your failure to do so suggests that other service users could be at risk in the future.
“The SSSC considers a Removal Order is the most appropriate sanction as it is both necessary and justified in the public interest and to maintain the continuing trust and confidence in the social service profession and the SSSC as the regulator of the profession.”
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