Mrs Erica Preston is a social care assessor working in the social services department of Fentham Metropolitan District Council. Her duties involve visiting service users.
At 1600 hours on 7th January 2015, Mrs Preston met with a service user at a fourth floor flat on the Brunswick Estate. The appointment had been arranged by Mrs Preston directly with the ‘service user’ in order that she could make the visit on her way home from work, the estate being close to her normal route. The appointment had been logged in the appointments book at the Council offices by Mrs Preston. The housing estate is situated in a socially deprived area.
Following the visit, Mrs Preston was making her way back to her car, at approximately 1715 hours, when she was attacked by a youth who stole her bag, which contained her mobile phone, and purse. The Police and Ambulance where called. She was taken to hospital but later released having suffered only minor bruising to her arm. Mrs Preston was 23 weeks pregnant at the time but there was no indication that the pregnancy had been effected in any way by the incident. However she remained in a state of shock from the incident and there followed a period of sick leave of six weeks, for which notes from the GP were provided.
Mrs Preston returned to work on 17th February 2015, but broke down in tears that afternoon after her supervisor requested that they discuss a programme of visits for that week. She was taken home by a colleague. There followed another period of sick leave which led into maternity leave, the dates of which had been arranged with her employer prior to the attack. The birth of the baby was three weeks premature but otherwise normal. However, due to its light birth weight the baby was detained for 1 week on the special care baby unit. Following the agreed period of maternity leave Mrs Preston felt unable to return to work as a result of suffering headaches and continuing mental trauma.
The Council has recently received notification from the Solicitors acting for Mrs. Preston’s Trade Union that they intend to pursue a civil action on her behalf (Document 1). As the Assistant Health and Safety Advisor you have been asked to liaise with the Councils insurers and legal department in relation to this claim. You have identified two documents that may be of relevance to this claim (dated 3 weeks prior to the incident); a personal file note from Erica Preston’s departmental manager (Document 2); and a memo sent by the Union Convenor following the assault (Document 3). You are unable to locate any formal risk assessment with respect to home visits, although you are assured one was completed during 2014
Questions
- Identify, and explain the significance of, the statutory duties that apply to the situation described (25)
- Review the strengths and weaknesses of the proposed civil action, making reference to the possible defences to the claim that the Council may consider (40)
- On behalf of the Councils Social Services Department, draft
- A policy statement on the risk of violence at work that sets out the key elements of a strategy for controlling such risk (15)
- An information sheet for staff that shows the procedures to be followed in the case of home visits (10)
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