...........THE VERDICT OF THE ASHFORD EMPLOYMENT TRIBUNAL
.........(The Employment Tribunals conclusions are contained in the below red sections)

1. Carole Newton was the crucial link to BUPA Director Des Kelly, she kept Mr Kelly informed of all events, she gave evidence that she concluded on being informed of the abuse, that she considered the allegations to be false from the outset and this was clearly reflected in her behaviour towards the Applicants in that she took an active part in the harassment and turned a blind eye to the staffs mis-treatment of the applicants. However it is clear from Mrs Newtons own file notes that Eileen Chubb informed he that they were being threatened and harassed and that Mr Kelly was fully informed of the situation. Mrs Newtons on meeting with the applicants states “ They were using this meeting as a forum to air their grievances” it is clear the applicants made every attempt to alert their employers of the situation and were met with further hostility as a result.
1a. The Tribunal verdict conclusions on Mrs Carole Newton ( BUPA)

(THERE IS NOT EVEN A SINGLE REFERENCE TO THE EXISTANCE OF CAROL NEWTON OR HER EVIDENCE THROUGHOUT THE VERDICT)

1. Richard Turner gave evidence to the Tribunal that he stopped Maria Keenaghan from working at Anne Sutherland Care home, in August 1999 and made his objections to this clear to Des Kelly, however Mr Kelly ignored this and the next day sent Maria Keenaghan to work at another care home, Faircroft, Mr Turner discovered Maria Keenaghan at Faircroft some months later and insisted on her removal.

2a. The Tribunal Verdict Conclusions on Mr Kelly’s actions on this issue.
“ On being contacted by Mr Turner in August 99, and made aware of Mr Turners objections to Maria Keenaghan being employed, Mr Kelly agreed to keep Mrs Keenaghan on suspension and did so, it was only in December that Mr Kelly sent Mrs Keenaghan to work at Faircroft”

2. Des Kelly gave the following evidence to the Tribunal,
A) on being asked why the minutes taken by the Bromley Council clerk record he knew he was meeting with seven staff and not the two he claimed, he could
give no explanation.

B) On being asked why the file notes from Carole Newtons meeting with Eileen
Chubb, in which it is recorded that they were being threatened, did not cause
Him concern at the time, He could not recall.

C) On being asked why the independent witness, Mr Turner, who was present
At his meeting with the applicants, on May 14th, completely contradicted
His account, he could give no explanation.

D) On being asked why he informed BUPA Legal department that all the applicants
Referred to being harassed, when in his witness statement he maintains only one
Applicant made any reference to harassment, he could not recall.

E) On being asked why his evidence states that he did not know the applicants
Were sick on May 14th, and yet he called BUPA H.R department and informed them the applicants were sick, he could not recall how he knew.

F) On being asked to explain how he knew the applicants needed counselling
When in his witness statement he claims that he did not know the applicants
Were sick and had no idea what type of illness had caused this, he could
Give no explanation.

I could give many more examples that reflect on Mr Kelly’s credibility, the independent documentary evidence is clear and upholds the applicants version of events in full.

The Tribunal Verdict Conclusions on Mr Des Kelly.

“ We find Mr Kelly to be a credible witness”

( All OF THE INDEPENDENT WITNESS EVIDENCE AND DOCUMENTARY)
( EVIDENCE? THERE IS NO REFERENCE TO THIS EVIDENCE, IT IS NOT)
( MERELY DISCOUNTED ITS EXISTANCE IS NOT REFERRED TO ALL)

4. During their evidence to the Tribunal, on being asked why they did not resign sooner the applicants stated that as Isard House was a Council owned care home, contracted out to BUPA, they had contacted the relevant Government Department who had responsibility in the hope they could save their jobs, they made full and complete qualifying disclosure to The Secretary of State for Health, Frank Dobson and his successor Alan Millburn, the same disclosures were also made to The Rt. Hon Tony Blair, (Copies available)

4a The Tribunal Verdict Conclusions on the further qualifying disclosures.
(THERES NO REFERENCE THIS EVIDENCE WAS SUBMITTED)

SUMMERY.
As you see from the press coverage section, the abuse in Isard House continued, the most recent reported case is six years after we made the original disclosures, the price of BUPA’s denial and cover-up is that more defenceless elderly people suffered.

We saw elderly people abused and tortured at the hands of people who continue to work in the care system today, there are many ways to abuse and many types of abuser but the worst kind is someone who knows what’s happening, is in a position to do something to stop it and simply fails to act.

Whilst we awaited the above Tribunal verdict in July 2001, we sat by the hospital bedside of a resident who was abused two years after we had left Isard house, we told her the law would bring BUPA to account and only the LAW has more blood on its hands then BUPA.