CARE workers are facing difficulties in challenging allegations of misconduct under the system to regulate social services staff in Scotland, it has been claimed.
Concerns have been raised over the system of hearings for workers facing an investigation by the Scottish Social Services Council (SSSC).
Unions and employment rights experts say a lack of availability of legal aid and the fact hearings are held in Dundee means care workers on low wages are often unable to properly defend themselves as they cannot afford solicitors and travel fees.
Figures show only three in 10 workers - 30% - who attend a final disciplinary hearing are represented by a solicitor or trade union official.
Hazel Nolan, a regional organiser with GMB Scotland, said it was important the care sector was tightly regulated. But she added: “Our concern is that not a lot of people are ending up going to these hearings with proper representation.
“And the fact that not many people are attending the hearings is a concern.”
Jim McCourt, of the Inverclyde Advice and Employment Rights Centre, who has advised workers during SSSC cases, said preparation for hearings involved carefully scrutinising evidence.
He said: “Nobody would argue against having a system in place – when you are putting some of the most vulnerable members of society to be looked after in any setting, you have got to have the proper safeguards.
“But what we are looking at is making sure workers have got protection as well.
"As it stands we have a situation where workers, often unaccompanied, are facing solicitors at hearings to determine their future.”
One former residential social care worker, who was accused of threatening and trying to attack a young person, said it took two years for his case to be investigated - which was then dismissed almost instantly. He said he could not afford to travel to Dundee for the conduct hearing.
"When it was called, it didn’t even last half an hour and it was just dismissed as there was video evidence," he said.
"But it took two years and ruined a large chunk of my life."
The SSSC said as a regulatory body, it could not provide or fund advice for workers, but was carrying out work to look at how to improve the support, with the aim of increasing the number of people who attend and are represented at hearings.
A spokeswoman said: "The majority of registered social services workers work to a high standard and deliver a high level of care, often in difficult circumstances.
"We have nearly 100,000 people on our register and we investigate 2.2% on average. This shows that it is a small number of workers who fall below the expected standards and when this happens we deal with this appropriately.”
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