Mencap worker keeps job after photo showing her smoking next to wheelchair user laden with bags is posted online

The family of the disabled man have supported the charity's decision, saying the image ‘painted a very misleading picture of what was happening’

(Charlotte Shaw/Facebook)

Learning disability charity Mencap have decided not to sack a worker who was pictured apparently loading a wheelchair user with shopping bags while she took a cigarette break and talked on the phone.

While conceding the photograph, taken in March, looked “distressing”, after an investigation Mencap concluded there was no evidence of “mistreatment”. The guardian of the wheelchair user said the picture was “very misleading”.

With the support of the vulnerable individual pictured and his family, Mencap have decided to retain the worker.

Following an investigation and disciplinary hearing into the circumstances of the photo, Mencap decided that “while the conduct of our colleague fell well short of what we would expect in this instance, it did not warrant dismissal.”

The charity maintained the statements and wishes of the person they supported and his family were “central” to the decision. Mencap also said the vulnerable person and his family were distressed by the media attention following publication of the photograph which was taken by a member of the public in Leicester and posted to the charity’s Facebook page, along with a complaint.

Steve Baker, Regional Director of Services at Mencap, said: “When we saw the photograph, Mencap immediately alerted the Care Quality Commission, the police and the local authority safeguarding team so that they could independently look into the situation.

“After they also spoke with the person we support and reviewing the circumstances surrounding the incident, these agencies did not find evidence that there was any mistreatment, and decided not to investigate further.

“Our overriding priority is always to make sure that the people we support can live the full and engaged lives they choose.”

The brother and guardian of the wheelchair user, known as ‘S’, also defended the charity’s decision. He said: “S is a big personality, and has always had a great bond with his support workers. It has been very hard for us being at the centre of this storm, as we knew immediately from speaking to S that the photograph painted a very misleading picture of what was happening.

“On that day, they had been out shopping for some new clothes S wanted, and he likes to be able to see his shopping and asked to have his bags in front of him.

“Mencap have made sure that S has been involved fully in the investigation into what happened, and we have felt listened to through the whole process. Both myself and S are happy with the result, and relieved it’s all over.”

S said he was “glad” the worker had not been sacked and was worried she might have lost her job.