JUSTICE 4 JANE I uncovered a care assistant working as a nurse

by Jane Archibald

JUSTICE 4 JANE I uncovered a care assistant working as a nurse

by Jane Archibald
Jane Archibald
Case Owner
I am a NHS Nurse Whisteblower and have been in a long legal case with NHS Cumbria. My crowd justice page outlines shocking findings and explains why I now need to raise money.
Funded
on 10th July 2022
£2,520
pledged of £5,000 stretch target from 18 pledges
Jane Archibald
Case Owner
I am a NHS Nurse Whisteblower and have been in a long legal case with NHS Cumbria. My crowd justice page outlines shocking findings and explains why I now need to raise money.

Latest: July 25, 2022

Thank you to everyone who has donated - Update on Remedy Hearing

Hi Everyone 

I would like to take this opportunity to thank the public, friends and family for their generous donations. 

I would also like to thank those who took the time to express how the…

Read more

Who am I ?

My name is Jane, a senior nurse with an unblemished 30 year nursing career. I never anticipated  I would uncover such shocking unsafe practice while working as an epilepsy nurse specialist for North Cumbria Integrated Care FT.   

In 2020 I resigned as I could no longer work for an employer who had dismissed all my concerns which included nurses who had made serious medication errors and my subsequent treatment by management and nursing staff. 

I was ignored by so many, INCLUDING Stephen Eames the chief executive who failed to reply to my letters and emails.


Information on this  page may be hard to comprehend.

If clarification is required, see judgment, which is enclosed.       

I have no regrets 

Raising serious  patient concerns, and the actions of North Cumbria Integrated Care FT has impacted on every part of my life. 

I no longer work as a nurse, my health has been affected and my legal case has cost me SIGNIFICANTLY and that's the main reason why I have started this crowd funding page which I will explain.     

I still find it hard to comprehend even today, what I uncovered while working as a specialist nurse based in neurosciences.   

Samantha Robinson who was a care assistant was calling herself a nurse, giving advice to  GP;s regarding epilepsy medications.  That was just the beginning I then uncovered more serious incidents.            

Background to my Legal Case 

In March 2020 my legal team commenced an employment tribunal case against North Cumbria Integrated Care FT which included whistleblowing detriments disability and discrimination claims.  

What is my crowd justice case about

I am raising money for my current legal team and my barrister.  My legal team have been with me since 2020 the name has changed but to reassure the public this is still the same legal team.  Details of my legal team are below should any verification be required. 

https://altralaw.co.uk/employment-law/ The UK’s first Not-For-Profit Law Firm 

With thanks to Crowd justice and finances from family this helped kick start my case  & the prelimary hearing in August 2020.  At that time I did not go into the seriousness of my case, (during the first crowd justice) as I did not wish anything to impact on my legal case. 

The kind comments and donations from Crowd Justice supporters really was appreciated.      

After the prelimary Hearing in August 2020 I continued to crowd fund to help with my legal costs for my  7 day employment  hearing in February 2022.    

Asking the public for money I have found very difficult especially during the covid crisis.  

In July 2021 I put on hold my crowd funding page after I reached my initial target of 8,000.    

Why  have I restarted my crowd justice page ??? 

I have now re-started my crowd justice page, to help pay for my legal costs and a forthcoming Remedy Hearing scheduled for July 2022. 

The initial starting target for my crowd justice is 2,500 UK Pounds. 

My Legal Bill  to date have been much higher than I ever anticipated, and increased significantly in the last two months prior to hearing in February then again in April 2022. 

The NHS legal team have done everything in their power to bump up my legal bill. I say  this for the following reasons.

1.  Wanted evidence of my disability (Epilepsy) 

The  NHS Legal team asked for evidence, which was understandable as my case included claims for discrimination and disability. 

HOWEVER  the NHS Legal team after the  evidence was sent, then contested ( disputed) my disability and continued to ask for more information this continued from: August 2020- December 2022 . I was diagnosed with epilepsy aged 9 and declared  this at the start of my employment, it was then well controlled.  

2.  I was cross examined for three and half days in February 2022 at the employment court hearing by a NHS Barrister. 

This left insufficient court time for a judgment to be reached. As my barrister had to cross examine 6 NHS staff in the short time left.  

 A  new  hearing date was then organised,  which meant my barrister had to represent me for a second time and present a written conclusion (submission) of my case in April 2022. This cost me further legal costs.     

9th May 2022  the Judgment was finally published 

I was successful with some but not all of my claims. 

Conclusion   

A.  I was Constructively Dismissed 

B.  All the patient concerns I had raised were in the public interest. 

C. The grievance process was flawed including the appeal.

The reason it was flawed  was because the incident forms (containing details of the medication errors) were not made available during the grievance investigation.  

Martin Daley  ( photo below) was the external investigator during my first formal grievance.  

What were the patient safety concerns I raised.

The Care Assistant Samantha Robinson 

S.Robinson a care assistant held her own nurse clinics and  prescribed epilepsy medications to adult patients with a diagnosis of epilepsy. Multiple pieces of evidence was submitted to the court as evidence.       

The evidence regarding S.Robinson was  available on the hospital electronic notes.  S.Robinson referred to herself by correspondence (such as GP letters) as an epilepsy nurse and a neurology specialist.

181. All the employees of the respondent, other than the claimant, of significance in relevant events, had a Learning Disability Services background and had worked together for years. ( judgement )

The Supervisor of the Care Assistant 

Graham Bickerstaff ( photo below) Epilepsy nurse specialist South Cumbria previous (learning disability nurse).verbally advised me he was S.Robinson supervisor. 

( cut and pasted from the Judgment ) 

21. It appears that Graham Bickerstaff may, at some time prior to the claimant’s appointment, have had some supervisory responsibility for Samantha Robinson 

 

G.Bickerstaff  Photo (below)


The Medication Errors - Buccal Midazolam

(Related mainly to Learning Disability Nurses G.Bickerstaff  Epilepsy Nurse Specialist -South of Cumbria

The medication errors which I raised were mainly related to the above staff who were working outside their scope of practice, in relation to a controlled medication called buccal midazolam. 

Buccal midazolam is given to adults during a prolonged seizure.   

During cross examination my barrister referenced  (Nice Guidance for prolonged seizures) to highlight where guidance and prescribing had not been followed.   

Nice Guidance Buccal Midazolam ( for information open link below)  

Treating status epilepticus, repeated or cluster seizures, and prolonged seizures | Epilepsies in children, young people and adults | Guidance | NICE

Why does my case matter to the public 

The judgment confirmed that I made protected disclosures which were in the interest of the public. 

However important questions remain unanswered.    

1. Why was a care assistant able to hold her nurse clinics with such a vulnerable group of adults.  

Adults with epilepsy have risks which include sudden unexplained death (SUDEP) and physical injuries from seizures, and possible drowning should a seizure occur in the bath.    

 Women Prescribed epilepsy medication also have unique needs. They should  have an opportunity to have a medication review before pregnancy.

Sodium valproate medicines and risks in pregnancy | Epilepsy Action

2. Why were learning disability nurses working outside their scope of practice which resulted in medication errors with a (controlled medication) with vulnerable adults.

3. Why did the trust conduct a grievance investigation which failed to disclose crucial information, relating to vulnerable adults.  

        

What is the next step in the my legal case

My legal team ( Altra Law ) and my barrister are now preparing for my Remedy hearing in July 2022. 

At the remedy hearing my legal team/ Barrister  will demonstrate:

  • Loss off earnings/ as a result of being unfairly dismissed.    
  • Any other relevant financial losses.


If you wish to donate 

If you would like to donate monies to my legal case hearing thank you in advance. 

All donations go direct to my legal team ( Altra Law)  via crowd justice.   

If you are unable to donate, you can help by sharing the crowd justice page with as many people as possible. 

Thank you for reading my crowd justice page

Photo Jane and Olly  

    

written by Jane M Archibald 


Reserved Judgment 

https://www.gov.uk/employment-tribunal-decisions/ms-j-archibald-v-north-cumbria-integrated-care-nhs-foundation-trust-2401930-2020






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Update 1

Jane Archibald

July 25, 2022

Thank you to everyone who has donated - Update on Remedy Hearing

Hi Everyone 

I would like to take this opportunity to thank the public, friends and family for their generous donations. 

I would also like to thank those who took the time to express how they felt about my case and made individual comments when donating.

My crowd justice campaign was also given publicity by The Cumberland and West Moreland Herald and I would like to thank The Herald for their support.

I would like express my gratitude, to  Minh Alexander who has raised awareness of my legal case and my crowd justice page on social media.      

My Remedy Hearing, has now concluded, and I will  be asking Crowd Justice to close my page.

The reason for this,  I will no longer be accepting any further donations as I have reached my crowd funding target.  

I would like thank Crowd Justice  for this great platform which has greatly assisted me with raising funds for my legal case over the last two years. 

Jane Archibald  

       

 

  

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