Tracey McMenemy: Carer who embezzled £35k from man she was looking after is set to be struck off

September 06, 2023

A support worker who embezzled almost £35,000 from someone she was looking after is set to be banned from working in the care industry.

Tracey McMenemy stole the money while employed as a private carer.

At a Scottish Social Services Council (SSSC) hearing last month, a panel heard that McMenemy had known the man since she was 16 after working for him as an office junior.

The pair developed a relationship - and McMenemy continued to work for him, assist him and care for him up until April 2020.

Last August, McMenemy was convicted at Hamilton Sheriff Court of embezzling £34,893.04 between February 2019 and September 2020.

The SSSC heard that the "precise figure was unclear" as the man had been in the habit of transferring money to McMenemy to cover business payments, including wages.

McMenemy claimed the actual embezzlement could have been around half the amount she had been convicted of, however the SSSC said there was "no way of proving" that the whole sums in her account had not been stolen.

The man was said to be aware of McMenemy's embezzlement and repayment had been discussed. The SSSC also noted that a payback order had been imposed by the court.

The SSSC found McMenemy's fitness to practise impaired.

A temporary suspension order was put in place on her registration and will be replaced with a removal order once the appeal period has passed.

The SSSC branded McMenemy's behaviour as a "serious abuse of trust".

They added: "You had failed to perform your role honestly and properly.

"You had betrayed the trust placed in you by [the man]. The panel regarded this as a serious aggravating factor."

Read more:
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McMenemy, based in Bathgate in West Lothian, continued working in care with conditions in place following the criminal charges and wished for that to continue.

She received positive references from her employer. Her line manager appeared as a character witness and "spoke enthusiastically" about her abilities and conduct in the role.

The SSSC said: "Your employers would be happy to have you continue to work for them."

It noted that McMenemy accepted her behaviour was "unacceptable" as well as "serious and dishonest".

However, the panel highlighted that the man had sustained financial harm and the reputation of the profession "stood to be adversely affected" by her conviction.

The panel concluded that a removal order "was the only option" available to them.

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