A Co Armagh nurse, who overcharged patients for food, travel, and accommodation at care homes in Markethill and Hamiltonsbawn, has been struck off the register.
Mildred Jean Wylie was handed the sanction by the Nursing and Midwifery Council (NMC) following a long-running three year tribunal which finally came to a close last week.
The NMC’s fitness-to-practice panel said they could prove 19 of 20 charges levied against the 71-year-old.
The sanctions came during Mrs Wylie’s time as Registered Nurse and Registered Manager of Hebron House and Bawn Cottage, with the accusations dating between 2002 and 2012.
Mrs Wylie, the panel found, failed to meet the cost of day-care centre meals as contractually obliged, but instead billed residents for the food.
She also charged residents for accommodation and care without clinical justification.
On one or more occasion Mrs Wylie overcharged residents for transport costs and in one instance an RQIA inspector described the overcharging of transport costs as “the most excessive charge I’ve ever come across in my experience of doing inspections”.
Overall, the overcharging of patients equated to thousands of pounds.
Also, in February 2009 and December 2011, Mrs Wylie failed to cooperate with the RQIA Finance Inspections at Hebron House and Bawn Cottage, in that she: Did not provide the required documentation; Misled the Inspectors by saying that no additional payments were being received; Failed to provide signed agreements for Resident T and Resident U when asked; Refused to allow the inspectors sight of the business bank account statements for Hebron House; Failed to provide an explanation for supervision charges, despite being asked on four occasions between December 2011 and August 2012; and Misled the inspectors by informing them that holidays took place mainly in Northern Ireland and Ireland and that there was no further documentation in relation to holidays than was provided.
The case began when the NMC received a referral on February 1, 2013 from the Director of Mental Health and Disability Services/Executive Director of Nursing, Southern Health and Social Care Trust about Mrs Wylie.
Mrs Wylie was a registered nurse and qualified in 1975. Her husband, Mr Norman Wylie, was the Registered Provider in relation to the two homes.
The NMC panel said that, in its determination, reference is made to Mr and Mrs Wylie throughout.
However, Mrs Wylie is the registered nurse and both names are used to provide context where applicable.
As Registered Manager, Mrs Wylie was responsible for the operational running of both homes, including the safeguarding of residents, and ensuring that any financial charges were appropriately levied.
The allegations are characterised as a number of instances of financial abuse in respect of the residents of two care homes, in circumstances where Mrs Wylie was responsible in her capacity of Registered Manager and Registered Person.
There was an announced inspection by the RQIA on February 9, 2009 and a further inspection on February 27, 2009.
The concerns identified were shared with Mr and Mrs Wylie and a quality improvement plan was put in place which set out actions that Mr and Mrs Wylie were required to address. The RQIA conducted a finance inspection on December 7 and 8, 2011.
The Trust began an Adult Safeguarding Investigation in relation to six residents, resulting in a report dated October 31, 2012. That investigation gave rise to further concerns, leading to a second investigation being conducted into 35 past and current residents.
This second investigation led to a further report, dated August 9, 2013.
The two Trust reports led to further investigations by the RQIA, resulting in a finance report dated January 30, 2014. The report’s conclusions led to criminal prosecutions being instituted by the RQIA in relation to both Mr and Mrs Wylie. These were stayed by the Magistrates’ Court in December 2015.
The PSNI were informed of the concerns and conducted an investigation into suspicions of fraud and theft. The PSNI passed a file to the Public Prosecution Service with a recommendation to prosecute, but in February 2015 the PPS directed no prosecutions.
The NMC investigation was resumed when the criminal matters came to an end.
The panel, in its findings, said Mrs Wylie displayed “a pattern of serious misconduct over a significant period of time” and that her conduct “put vulnerable residents at risk of suffering financial harm”; and that it was an “abuse of a position of trust” for “personal financial gain”.
All of these, including a “lack of insight into her failings”, the panel agreed, were aggravating factors in the case.
The panel said it “was satisfied that fellow practitioners would find your conduct in relation to these charges deplorable”.
It was also noted that Mrs Wylie found it difficult to accept the panel’s finding that she had been dishonest.
It said: “In response to further questions by the panel, you stated that you had been scapegoated by the Trust and maintained that you were not involved in the financial matters of the homes so you could not take responsibility.
“You stated that regardless of the legislation, it would be impossible for you to manage the finances and care for the residents. You stated that in similar circumstances, you would not undertake the role of Registered Manager if it required you to be responsible for the finances and care in the home at the same time.
The panel said: “It appeared to the panel that you still had not accepted its findings on the facts. It noted that even after receiving its determination regarding facts you continued to deny the charges particularly dishonesty.”
It told Mrs Wylie: “There was no recognition of the impact your misconduct had on residents under your care, on their families who were financing the costs or the fact that they had entrusted you to safeguard them financially.”
Mrs Wylie – now retired – has 28 days to appeal the striking-off order. An 18-month interim suspension was imposed to cover any appeal.
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