Friday, 18 July 2008

The Upex Report

I only have a PDF of the report so it is easier for you to follow the link below to find it on the States website.

I would like to congratulate Frank Walker and his chums for the Executive Summary which has so desperately been attached to the front the report.

You will notice that the report does not criticise me in any way yet Walker, our great leader, assassinates my character before you even get to read a single word written by Professor Upex.

Great tactic Frank - divert attention, discredit the person who blew the whistle and save face all in one foul swoop.

Also, I would like to hear from the staff/witnesses who were called to Pollard's office the week before my tribunal to talk about how they wanted them to discredit me, how they were going to tell the world I was a bad manager who deserved to be sacked.

I have sacrificed my career, 15 years worth of work, for the children's service in Jersey - now I want you to support me and tell the truth.

I am disgusted that I am still being made the scapegoat and being accused putting staff and children and risk. I am disgusted that the States of Jersey are still making life hell for me and my family, still trying to get me out of our family house by reneging on the employment tribunal agreement.

Tell the truth, stand up for what is right, have you no morals?

The report

http://www.statesassembly.gov.je/documents/reports/30111-1547-1572008.pdf

16 comments:

voiceforchildren said...

What effectiveley you are asking people to do is to put themselves in the same position as you.

You are asking them to put there career, house and family on the line just to tell us something we already know but are unable to do anything about.

At a guess I would say 99% of the Jersey folk believe we have a corrupt government and the same 99%or maybe a little less are living in fear of "speaking out".

They have seen what has happened to you and indeed Senator Syvret. Can you really expect anybody to want some of the same?

We have been born into and raised in a "culture of fear" that means child abuse has allegedly been rife over here for decades and as sick as it might sound, it has almost become acceptable and par for the course.

People who dare to "speak out" risk facing the full wrath of our "ruling elite" as you have discovered at great cost to you and your family.

I think you are starting to realise people like yourself and Senator Syvret are somewhat unique to Jersey, you have courage, morals, ethics but most importantly are willing to stand by them in order to protect our most vunerable (our children)from the people who are supposed to be protecting them.

I wish you all the luck in the world and will support you in any way I can.

Unfortunately, judging by the lack of comments left on here by your ex workmates, one can only summise that "self preservation" takes precedants over morals ethics and courage.

I hope I am wrong and they are supporting you behind the scenes but judging by your plea for them to speak out I don't think I am.

I blogged just recently about history repeating itself. Everything that is going on today and being kept hushed up will come to light in the future and the same old statement will be peddled out "it wasn't on my watch".

For all those charged with the care, welfare and safety of our children today THIS IS YOUR WATCH

You owe it to the children of today and the future to make sure what has been allowed to go on all these years comes to an end.

Anonymous said...

yes you are the scapegaot because you do not have any connects over here like the old cliche goes its not what you know but who you know. Perhaps if you had joined in with the Masons and the elite then you would still have a job

Anonymous said...

Simon I wish I could have said hello at the west show last week but guess what I felt paranoid about who might be watching me shaking your hand. By the way your oak wares are lovely .Don’t stop your crusade don’t allow these small minded people win and believe me when I say that there are many people following your blog but are to frightend to post

TonyTheProf said...

Tony Benn has noted that losing job security is one way in which people can be intimidated into not speaking out, which is he says the Ballot Box is the best way to deal with the matter. No one knows how we vote (certainly in Jersey), and so no one can intimidate us.

Your workmates may not speak out, but let us hope they will vote out!

Anonymous said...

Simon

I'm so pleased that you have put Professor Upex's report on your site as it gives us a chance to comment.

Unlike the Williamson report this pulls no punches. There is no mealy mouthed 'conclusions' based on goodness knows what - Upex presents the evidence, and this evidence is damning - no matter how Walker tries to spin it.

Firstly and fore mostly you are completely exonerated in your assertion that you were sacked because you blew the whistle. At the highest level (CEO of H&SS) there is criticism for enmeshing your 'serious concerns' about the service with your disciplinary process - in particularly Upex states "It is clear from the Chief Executive, Health and Social Services’s letters of 10 and 17 May that, although the intention was to discuss the outcomes of the investigations carried out under the Serious Concerns Policy and the Bullying and Harassment Policy, the results of those investigations had become linked with the performance issues upon which the letters also comment. This means, in my opinion, that the outcomes of investigations carried out under policies whose purpose is to protect employees effectively became part of the arsenal of arguments used to justify the termination of Mr. Bellwood’s employment." Interesting term 'arsenal'
Vindication of your position I think!

The report is also peppered with many references to Professors Upex's 'concerns' about the process (or lack of). Too numerous to mention.

Another particular vindication of your position is Joe Kennedy's (aka 'the manager of the secure unit) action when he changed your procedure during your holiday. Upex states that "In the course of the interviews I had with the Residential Secure Manager I asked him a number of times what steps he had contemplated taking to inform Mr. Bellwood of these changes and when he intended that he should be told of them. He did not answer these questions."

With reference to this point Upex concludes "it is at least arguable that the Residential Secure Manager’s actions amounted to a breach of the duty of trust and confidence."

There are many other issues Prof Uppex raises that suggest that a number of heads should roll and if we were in the UK they surely would. In my view they would be:

States of Jersey director of Human Resources (ultimately accountable for all HR functions with the SoJ)

Health and Social Services chief executive officer (Ultimately responsible for the good governance of the department and overseeing proper and due process)

Directorate Manager Social Services (overseeing responsibility for the management and safeguarding of children within her care and competence of her managers)

Manager of Secure Unit (responsible for competent and fair management of staff)

This is a truncated review of the Upex report that in my view has nothing positive whatsoever to say about the States of Jersey's handling of your case - you were shafted - no doubt about it. Interesting the JEP relegated this as a minor story. I hope Community Care pick it up and show Jersey Social Services for what they really are.

Shame Williamson did not take the same forensic approach perhaps things would have been really shaken up! Then again This is Jersey!

Anonymous said...

On the World stage Frank Walker headlines as a blustering buffoon. Check out you tube “Frank Walker Jersey”. His cack-handed attempt to deceive by heading his commentary “Report” can only enhance his small town hoodlum reputation. Forget the investigation; he and his toadies would have just liked to give you a good work over. Don’t worry. Many of us impatiently wait for him to go, hoping that in the meantime he doesn’t lumber us with too many of his secret deals.
The real report, not Frank Walker’s counterfeit one, documents breathtaking serial incompetence by senior civil servants. Lack of training it may be, but for some of these bunglers the deficit is in their underlying integrity. Mild Professor Upex was roused to write “ This means, in my opinion, that the outcomes of investigations carried out under policies whose purpose is to protect employees effectively became part of the arsenal of arguments used to justify the termination of Mr. Bellwood’s employment.” The stockpiler was Mike Pollard. One of his weapons was the Bullying and Harassment policy. The author of that policy works in the Chief Minister’s (Frank Walker’s) department. She is Jane Pollard, Mike Pollard’s wife.
Ministerial Government was to give us clear lines of responsibility. So where do these lines lead?

Anonymous said...

I was called as a witness at your tribunal. I was really looking forward to standing up, being cross-examined and telling the truth. What a shame you accepted the offer when you did.

How could the financial offer made by the State of Jersey be any less if the employment tribunal had continued and you won the court case?

I am curious to find out how the management can view you incompetent at your job when they were never in the building to see the amount of work that you were expected to carry out.

Were you supposed to project manage, write new policies and be a manager, with out any support? I am embarased to say I sat and watched it all unfold, I didn’t do enough to help you. Myself and several workers ‘at the coal face’ remain very uneasy with what has gone on. We never for one moment thought that you or Stuart were saying that we were not good at our jobs, it’s obvious that you were critical of the management

Those who picked you for the job, ironically didn’t want you to succeed? You become targeted.

Who was qualified to say you were incompetent?
Simon your face didn’t fit, so they closed ranks.

If I was at the west show last week I would have certainly shook your hand. But I understand the comments by the last reader. That tells a story in itself. The fear of being a Bellwood supporter looms over some folk. I also wish you good luck with your Oak business.

You are responsible for major changes, for the better, of Jersey’s vulnerable teenagers.
You are also responsible for challenging the States own policies. This hopefully will benefit all States workers in other departments.

Is it not possible for you to re-open your case? Possibly, you need the backing of a morally upstanding, wealthy Jersey resident to help finance your continuing fight for what’s right. Lets see everybody back in the witness box, under oath; include Frank Walker and the board of directors. I for one would like to know the honest answers to some hard questions!

You have a right not be the scapegoat, and clear your name. An apology from the States would not go amiss.

May the force be with you.

Anonymous said...

Simon,
Now that is what I call a report, it is in quite a different class to the Williamson report.
It states clearly that you were unfairly dismissed, surprise! surprise!
The conclusions at the beginning list the failings of management,
seventeen in all
not one manager acted appropriately or with any consideration towards you as an employee.
Corporate failure, a complete fiasco
No evidence that you were incompetent and not one bit of praise for the management
It does not matter how many policies there are, it is the culture of an organisation that counts. Policies need to be followed and those who break them made accountable.
As voice for children correctly states only a fool or a brave man would speak out.
. A very strong message has been sent out to staff by the way the matter was handled, don’t complain about management no matter how poor they are, don’t look to management for leadership or example, keep your head down and your mouth shut.
I dread to think what the rest of the world thinks of Jersey, will anyone want to work here.
I hope that after time you will be able to start your career again, you
have a great deal to offer .I wish you and your family all the best

Po Bennedy the Rules

Anonymous said...

Like so many organisations the policies are in place for cosmetic reasons - so that a box can be ticked - clearly procedures were not followed and reading between the lines you never had a cat in hells chance of bringing the institution upto acceptable standards...........what does ths debacle actually say about child care in Jersey ? What a sad state of affairs......I pity the youngsters who enter this system............The people that work there should stand up and be counted, who would employ any of them ...........anyone familiar with the story of Spartacus?

Anonymous said...

The report was very candid, it pointed out that people lied.

it also illustrated that you were undermined,
To save face, the report needed to be down played so it was appendixed to the Chief Minister's report.

If you read the Chief Minister, ignores the issues that organisational policy was used to discredit and manipulate. He ignores the lack of integrity shown by managers
He focusses on the fact that you couldn't be re-instated.

Lessons will be learnt - yes and these are you can get away with bullying, lying and manipulating

Senior HR people don't know the employment law - why is that - are they to busy writing policies that don't have human right compliance?

A service to be proud of?
A service that is world class?
A service that is child focussed?

Read and decide

Anonymous said...

The moral of the tale

If you see things that concern you
and you report them - You will be bullied by your management
You have only two options leave or don't speak out

Who in this whole sorry saga has been punished. The guy who said it's not right to intimidate and isolate or restrain kids.

Grim isn't it - imagine how the kids must feel

Anonymous said...

The more people that make a stand and speak out the greater the chance of change.
If you have a conscience and care about your profession you will speak out and stand up for what is right. then and only then things will change.

Anonymous said...

Simon
now that you have been vindicated by the Upex report
I hope that Frank Walker will issue that apology that you deserve
things have gone very quiet since the report came out what is happening

Anonymous said...

Simon

Talk to us. It is important. Keep chipping.

You know that lots of people cannot talk because they CANNOT.

They cannot put their family at risk and by talking out, they are putting the future of their family at risk. They will not be able to stay in Jersey, it is what their kids know - are they really going to spill the beans - when they potentially have so much to lose.

They have seen what has happened to you for your bravery and integrity - but where does that get the individual at the end of the day. A boat leaving in the morning.

It is not right, good and what should be done but the option is worse for them and their family.

People are scared not for themselves but are scared for their families - and that is BIG.

as wrong as it may be - thats the reality. Some sort of moral blackmail mixed up with trying to do right by your family.

you are not on your own, the longer the corrupttion, bullying and harrassment goes on, the more people will know the truth and hopefully spill the beans. believe me the bullying and harrassment will not stop. It will go on. No reason to stop. My hope is that eventually they will go too far. (as if they have not gone far enough

Obviously not - god, when will justice be done.

Do not go silent - believe me people believe you, as you can see from your blog counter.

Anonymous said...

Simon

You are a strong and well organized writer, and your story is always compelling.

The facts of the entire Jersey care home abuse story, from Haute de la Garenne to the present day provide an indisputable picture of official corruption, institutionalized cruelty and continuing governmental cover-up.

Through local internet forums and the JEP, the minimizing, demonizing and denials of official culpability continue, but their "talking points" are clearly distortions of fact. It is obvious that many in Jersey do not know the truth or, more likely, wish to not know how misled they have been.

I think it would be very helpful for you and Stuart to create a timeline of events in the investigation, a record of fact beginning with the initially secret Harper investigation and continuing through your employment saga, with police statements and forensic evidence, so a clear chain of events can be seen.

The truth would be more readily gleaned by the facts already in evidence now, and a simple printable fact sheet could go a long way toward creating an honest narrative in the midst of so much official spin.

A published fact sheet print out, with no obvious editorializing, could become an unassailable document for public reading.

The less confusion there is in the public conversation, the more support you may find among those who no longer close their eyes to the scale of this on-going scandal. There has to come a point when even those in denial make a deliberate choice to reject the obvious truth, or not.

Just my thoughts.

Thank you for what you have done and have had to suffer for the children.

Anonymous said...

Quick comment of support for Simon here.

I was a residential care worker & manager in the UK for over 10yrs, in both secure and open units. It's a damned hard job, and the staff deserve better training, pay & conditions.

Anyhow, it seems plain to me that the Grand Prix system was coercive and deprivational, and had no place in a care environment. There was clearly a collusion between senior managers and long-serving staff to keep it as a convenient control system.

Simon was right to speak out, but the terrible price he's paid was entirely foreseeable. If you challenge the established order of an institution, you'd better have a lot of evidence, a lot of money, and a lot of friends, or you'll be swatted away like an insect.

Good luck with the struggle for justice for Jersey's kids.