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  • aliasojo
    aliasojo Posts: 23,053 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Uncertain wrote: »
    No it is not! Theft requires the intent to permanently deprive.

    Do you feel strangely and wildly attracted to my posts particularly? :kisses3:

    I really don't care how you try to defend the OP's actions, you will never change my opinion so why not just give up?
    Herman - MP for all! :)
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    Uncertain wrote: »
    No it is not! Theft requires the intent to permanently deprive.
    so if i borrow your car , use it then forget to give it you back for well over a year...
    then when questioned lie and say i never borrowed your car

    then as long as i inteneded to give the car back then its not theft????

    add to the mix that your vulnerable person who requires the aid of a support worker , someone who is meant to be trusted to support the individual ..


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • notakid
    notakid Posts: 10,362 Forumite
    Part of the Furniture Combo Breaker
    I think the OP did borrow with the clients full knowledge. However as it has been said it is very unprofessional and the client may have been put on the spot and not liked to refuse.

    However, I do not believe that the OP "forgot" no matter what goes on in your life, a debt is a debt and needs to be repaid.

    I don't think you have a hope in hell OP. I think that the advice you have been given, the Union and CAB to try and limit the damage.

    Best of luck.
    But if ever I stray from the path I follow
    Take me down to the English Channel
    Throw me in where the water is shallow And then drag me on back to shore!
    'Cos love is free and life is cheap As long as I've got me a place to sleep
    Clothes on my back and some food to eat I can't ask for anything more
  • Welshwoofs
    Welshwoofs Posts: 11,146 Forumite
    edited 15 August 2012 at 1:57PM
    I'd say that you don't have a cat's chance in hell of keeping your job. You've borrowed money from vulnerable people in your care and then you've lied about that to your employers when questionned. How can that possibly end any other way than in a dismissal?

    You say that you forgot to pay the money back and that the person you borrowed it from raised the alert. Didn't that person mention the money at all after lending it to you? It seems a bit odd that they'd lend you money on the understanding that you returned it on pay-day and then never mentioned it to you again. Was it perhaps that you stopped being support worker for that person and them, not having had the repayment, got extremely nervous that you'd pulled a fast one?

    On the training point another poster made. I don't work in the support sector at all but even I know that it'd be totally unethical to take money (even if offered) from vulnerable people and likely to be viewed as gross misconduct. It's hardly rocket science is it.

    I'd say that you need legal advice because, as it stands, you've not repaid anything and unless you have a loan agreement in writing, it could well look like theft (especially as you then lied about it!) How much was it?

    Oh ... I'd also add that as this vulnerable person is blind you may well find yourself in a position where how much you borrowed is under scrutiny as it'd obviously be extremely easy to take more off a blind person than they intended to lend.
    “Don't do it! Stay away from your potential. You'll mess it up, it's potential, leave it. Anyway, it's like your bank balance - you always have a lot less than you think.”
    Dylan Moran
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    robpw2 wrote: »
    so if i borrow your car , use it then forget to give it you back for well over a year...
    then when questioned lie and say i never borrowed your car

    then as long as i inteneded to give the car back then its not theft????

    Well it is nothing like as straightforward as you (and others) seem to think.

    Section 1 of the Theft Act 1968.......

    "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."

    There is a good layman's explanation here......

    http://www.lawteacher.net/criminal-law/lecture-notes/theft-lecture.php
  • MiddyMum
    MiddyMum Posts: 425 Forumite
    Oh my, they won't let you keep the job. Even qualified nurses get struck off for this sort of thing! The thing that I am not getting is, how you forgot to pay her back? Was the money urgently needed as you had to leave your previous house due to eviction? How did you manage to establish such a relationship with your patient, that she was able to find out about your personal/financial problems. It is not just the money here that's the problem, you were crossing the boundaries way before she lent you the money.
    8k in 2015 Challenge ( #167)
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    Uncertain wrote: »
    Well it is nothing like as straightforward as you (and others) seem to think.

    Section 1 of the Theft Act 1968.......

    "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."

    There is a good layman's explanation here......

    http://www.lawteacher.net/criminal-law/lecture-notes/theft-lecture.php
    thanks for quoting the law and giving me a laymans term but if i want to read about criminal law i shall stick to smith and hogan , I have the 12th edition of the book on my bed side cabinet ,


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • purple.sarah
    purple.sarah Posts: 2,517 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    aliasojo wrote: »
    :rotfl:

    Sorry, unless you can prove you are my Mother or father (unlikely since they are both dead), then don't dare presume to tell me what I should or should not say! < Adds on obligatory exclamation mark. :rotfl:

    Taking something that does not belong to you without asking, is stealing. Even if the intent was only to appropriate temporarily.

    Dress it up as much as you like, it is what it is.

    I know many vulnerable people, they are easy targets unfortunately.

    And for the record, I just dont believe the OP's further posts. If she had permission to borrow from this person, she'd have said so in the first post.

    Swearing, including veiled swearing, is actually against the MSE forum rules. Uncertain was just trying to tell you that but since you wouldn't listen I've reported your post.
  • amyloofoo
    amyloofoo Posts: 1,804 Forumite
    Debt-free and Proud!
    Sorry OP, found these ISA (formerly POVA) referral guidelines and I think unless you have a compelling reason for what you did, it's likely a referral will be made to the ISA - in which case you may have to change job sector. http://www.isa.homeoffice.gov.uk/PDF/ISA%20Referral%20Guidance.pdf

    It also confirms that there would be no difference in approach whether you resigned or were fired; so it's probably best to hold on for the disciplinary meetings and explain your situation as well as you can. If there are significant mitigating factors such as a lack of training, then it's possible you may avoid being sacked and having an ISA referral made.

    Is there someone who can attend these meetings with you? I understand you've not been in a union for very long; but if you explain the seriousness of the situation then they may be willing to help.
  • aliasojo
    aliasojo Posts: 23,053 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Swearing, including veiled swearing, is actually against the MSE forum rules. Uncertain was just trying to tell you that but since you wouldn't listen I've reported your post.

    Bless you. :D
    Herman - MP for all! :)
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