Machin:WhistleblowerAshworth special hospital whistleblower
Susan Machin's groundbreaking industrial tribunal victory will
encourage other social workers to speak out about bad practice.
Machin, employed by the Special Hospitals Service Authority, was
sacked in February 1994 after revealing malpractice at the top
security psychiatric hospital.
She revealed a 'cancer of unprofessional practice' in which
patients suffered routine bullying from nursing staff at the
hospital in Merseyside.
Machin said she is vindicated by the result. 'Over a period of
time the truth will begin to emerge,' she added.
The tribunal found there had not been enough evidence for a
disciplinary hearing against Machin. The disciplining officer's
findings were 'perverse' and there were flaws in the investigation,
it ruled.
Ashworth had alleged that Machin had supplied a patient with
listening devices to keep records of alleged malpractice, amounting
to gross misconduct and a gross breach of security, as its reason
for dismissal. But the tribunal ruled the employer acted
unreasonably in treating this as a sufficient reason for
dismissal.
The inquiry report by Sir Louis Blom-Cooper QC in 1992 revealed
'low standards of therapeutic practice' and a 'brutalising' regime.
Following his report, recommendations for changes in social work
practice at Ashworth were introduced.
The Department of Health also ordered a review of the three
special hospitals in England - Ashworth, Rampton in
Nottinghamshire, and Broadmoor in Berkshire.
David Brandon, deputy chairperson of the British Association of
Social Workers, said: 'At the time of the complaints there was a
lot to criticise at Ashworth, so I'm delighted Susan Machin has won
the case.'
He hoped it would encourage other workers to come forward and
blow the whistle on malpractice.
'We have to produce a climate where institutions are less
defensive about criticism and we must create better rights for
whistleblowers,' Brandon said.
The tribunal has been adjourned for 28 days to allow both sides
to attempt to find a settlement. A spokesperson for Ashworth said
the hospital was considering an appeal.