Croydon carer who ‘kicked patient while no one was looking and spat on another’ has applied for care jobs despite DBS ban

A Croydon carer who left the profession in disgrace after abusing mentally ill patients has tried to reapply for work despite a lifetime ban. Harriet Wamala was sacked after 17 years in the NHS after allegations of misconduct were made to the Disclosure and Barring Service (DBS), a Home Office-run department responsible for vetting people who work with vulnerable adults and children.

The 66-year-old, who emigrated from Kenya to work in the care sector in the UK, has never been accused of abusing patients in her long career but faced a string of allegations in a letter from DBS in September 2020. Officials told him they were considering a ban but gave him a chance to answer the allegations, which included kicking, spitting and assault.

Prosecutor Kathryn Drummond said of an incident on June 6, 2016, Wamala “kicked a user of the service after looking around to see if anyone was watching”; of an incident on October 25, 2017, Wamala “spat at a user of the service after spitting in their face”; and of an incident on 15 June 2018, Wamala “caused bruises and skin breaks on the arms of a service user after squeezing her too tightly”.

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After Wamala failed to deny the incidents or provide any answers, waiving her opportunity to testify, the incidents were proved on the balance of probabilities. DBS officials concluded there had been “physical and emotional harm” and that Wamala “believed it was acceptable to assault users because of difficult behaviour”, Ms Drummond added.

In the absence of denials, Wamala – described as “callous” and “lacking empathy” by the DBS – pointed to her long history of work for the NHS. This was not enough to save her from a ban and she lost her ability to work with vulnerable adults and children in a service decision in September 2020.

Despite her ban, Wamala tried to regain a role in the care sector just a year later, submitting her CV to three different companies. Applications were sent to HG Care, Carestaff Solutions and Presto Sanctum Healthcare between March and December 2021. In all cases the applications were rejected after her ban was flagged on the DBS system.

Wamala was tearful in her interview with police and claimed she “doesn’t remember” being blacklisted a year earlier. Wamala also told police she did not believe adults with mental health problems were vulnerable adults, Ms Drummond told the court. Wamala stood her ground in a probation interview, telling the officer she did not believe she had done anything wrong.

“Just a misunderstanding”

Appearing unrepresented at Croydon Crown Court on Tuesday (May 28), Wamala opted to forego a defense lawyer due to financial costs. The court heard she had built up savings and was living mortgage-free at her home in Windmill Grove in Croydon, making her ineligible for legal aid.

“Lightly convicted” of two drink-driving offenses in 2020 and 2022, Wamala was granted mercy by Recorder Samantha Presland as she agreed with the probation service’s recommendation to spare her a prison sentence. The judge also concluded that it was inappropriate to force the elderly pensioner to do any unpaid work and reduced the number of days of rehabilitation work she would do.

Crediting her for her early guilty plea, Recorder Presland handed Wamala a 12-month community order which will require her to see a probation officer 20 times. Compared to more serious cases, where criminals use false identities to get a job, Wamala’s crimes were on the low end. “It appears that there was just a misunderstanding on your part in applying for the jobs,” the judge added.

When the hearing ended, Wamala was assured that she would still be able to care for her grandchildren and other family relatives. But the judge warned her that any failure to attend probation could result in her being hauled back to court for a fine. Recorder Presland also reminded Wamala that she could appeal the DBS findings if she wanted to make a legal return to the care sector.

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