Oluku v CQC (2012) UKFTT 275, [2012] MHLO 183

A carer at Dormers Wells Lodge secretly recorded ill-treatment, which led to the conviction of two staff (Sonika Limbu, 25, of Hayes, and Pashi Sahota, 57, of Southall) under MCA 2005 s44. The manager appealed against the CQC's cancellation of her registration as a manager, but the tribunal found that she was not fit to be registered as a manager. In relation to one allegation (although technically there was no breach as at the relevant time she was not yet registered), the tribunal noted: "the necessary paperwork was not present in the form of a Deprivation of Liberty for a number of service users, and in that respect the appellant did not have suitable arrangements in place to protect service users against the risk of such control or restraint being unlawful or otherwise excessive as required under regulation 11(2) Health and Social Care Act 2008 (Regulated Activities) Regulations 2010, since proper assessment and recording was not being carried out."

External link


39 Essex Street Mental Capacity Law Newsletter#November 2013

CQC website: reports on Telford Lodge Care Limited (new name for Dormers Wells Lodge)

BBC News, 'Dormers Wells Lodge carers banned for "cruel" treatment' (9/3/12)