A COOK at a Herefordshire home for vulnerable adults bit one of the residents on the arm in a dispute over spilt milk, a court heard.
Valerie Bayliss tried to get 38-year-old Stephen Draper to clear up the mess but the incident ended in violence, said Abigail Nixon, prosecuting at Worcester Crown Court.
Mr Draper, who had learning difficulties and a reputation for disruptive behaviour, was seen lying on the floor clinging to Bayliss’ apron.
She claimed she had been bitten and told him: “If you bite me, I’ll bite you. If you hit me, I’ll hit you.” Bayliss had an injury to her arm.
Bayliss, aged 57, of Canonmoor Street, Moorfields, Hereford, pleaded guilty to assault causing actual bodily harm and was given a community order with a requirement of 200 hours unpaid work to be completed in 18 months. She must also pay £500 towards court costs of £3,086.
The court heard that she had started work at 7am on September 28, 2006, at the Bryn Garth residential home in Much Birch, when she learned that Mr Draper had spilt a large amount of milk on the floor. The day before, he had been aggressive and bitten a member of staff, who were all afraid of him.
Miss Nixon said Bayliss used a table to prevent him leaving the room and she was seen to slap him several times. She later bit him on the arm. He had a bite mark on his arm and scratch marks to his back, elbow and chest.
Questioned by police, she denied the biting and hitting and claimed that Mr Draper had kicked her on the shins when he fell over. She agreed that, as a cook, she should not have stepped in to deal with Mr Draper’s behaviour.
Lynette McClemment, defending, submitted three references for Bayliss, who had been placed in a very difficult position. Bayliss admitted pressing her teeth against Mr Draper’s arm but it did not constitute a bite. He had a history of self-harm and was constantly under sedation.
It was not a breach of trust as she was a cook, not a carer and she should not have stepped in to deal with his behaviour. She had since lost her job.
Judge Richard Rundell said her behaviour had been totally unacceptable as she was in a position of authority. Mr Draper was a vulnerable man but he accepted that Bayliss was of good character and people had taken the trouble to write and extol her virtues.
He accepted that life at the home was difficult for all the workers and he doubted whether many people would undertake the work. There had been a great deal of provocation but it was no excuse for what she did, added the judge.
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