A social worker, whose department was investigated following the death of tragic toddler Brandon Muir, has lost a legal action against Dundee City Council.
Carol McDonald worked for the authority in 2008 when a major probe was launched into alleged system failings surrounding the 23-month-old’s killing.
During her time at the council, an unrelated probe was launched into concerns about her practice.
She later applied for a job with Angus Council, but when informed of the ongoing investigation, a job offer there was withdrawn. A subsequent investigation by the Scottish Social Services Council found that her suitability to be registered as a social worker had not been impaired.
Given these findings, she lodged a civil case at Dundee Sheriff Court. It surrounded claims that she had lost out on work with Angus Council as a result of Dundee breaching its duty of care when submitting the reference.
However, the judgment by Sheriff Mungo Bovey QC found that there had been no such breach — and Ms McDonald “has not suffered any loss”.
Sheriff Bovey said that during Ms McDonald’s time with the council, her department’s workload increased and it was often understaffed.
He said things were “particularly difficult” between February 2007 and July 2008, and that, following Brandon Muir’s death on March 16 2008, reviews of the department were ordered, meaning it was under “investigation of its conduct”.
Ms McDonald held a meeting in June that year with her line manager to discuss her workload, and “the number of home visits carried out by (Ms McDonald)”.
But, in July, she was invited to a meeting over allegations concerning her practice. She later went off sick and then resigned but applied for a job with Angus Council.
Dundee City Council provided a reference, mentioning the investigation but saying that it had not been concluded due to Ms McDonald’s absence and resignation. At that point, a job offer from Angus Council was withdrawn.
Brandon Muir was killed by his mother’s boyfriend, Robert Cunningham.
A probe found that the death couldn’t have been predicted but did find weaknesses in inter-agency work.