Claimant v Milton Keynes City Council

Outcome

Facts

The claimant was a senior Independent Child Protection Chair dismissed for gross misconduct after a complaint from a service user (MS) involved in a domestic abuse case. The claimant was found to have disclosed confidential information about an ex parte non-molestation order to the father (CS), failed to safeguard vulnerable clients by suggesting contact contrary to a child's wishes and failing to warn MS that CS planned to attend her property, used her personal mobile phone to contact service users in breach of IT policy, and breached professional standards. The claimant admitted the conduct but argued she was trying to help and cited workload pressures and personal circumstances. She had 32 years of unblemished service.

Decision

The tribunal found the dismissal for gross misconduct was both substantively and procedurally fair. All four allegations were proven on reasonable grounds following a reasonable investigation. Despite the claimant's long service and mitigation, the tribunal concluded dismissal was within the range of reasonable responses given the serious safeguarding failures in a senior social work role. The procedure followed ACAS guidelines and gave the claimant proper opportunities to respond.

Practical note

Legal authorities cited