Brunswicks is a specialist law firm offering strategic regulatory advice nationwide.

Making the most of BHCR

BHCR is distributed primarily by email and in pdf form. It is best viewed as a pdf where you will find embedded hyperlinks. We cannot guarantee that these links work or will remain working although they did at the time the edition was first published. This edition of BHCR is reproduced on this web-page. You can re-size the font and use the Search this Site facility to identify useful text. The hyperlinks are not activated directly from this web-page. If you wish to use them you are advised to use the pdf version.

Both editions are © Brunswicks LLP 2007-08


BHCR 2007 Vol 2 Issue 10

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

Well Keith is returning from his well earned holiday

down under so this is my last spot as guest editor of

Brunswicks Healthcare Review for a while.

We have quite some turmoil in the sector over the

last week. An eminent professor claiming that British

medicine is facing its worst crisis since the creation

of the NHS – and this is all about the computer

based junior doctor recruitment programme and

that’s before anyone considers the deliberate

delaying of NHS treatment from one financial year to

the next. Some commentators have suggested that

Patricia Hewitt is on similar course to company

directors who seek to massage their financial figures

artificially. Quite a week I’m sure you’ll agree.

Parliament

6 Mar 2007—HoL—Third reading of the Mental

Health Bill

7 Mar 2007—HoL—Questions, NHS cleaning

standards

8 Mar 2007—HoL—Questions, Independent care

homes

Next

Abuse

1. The taboo of child-on-child abuse

2 March 2007 – BBC News

The number of children committing sex crimes is rising.

This article discusses why children are behaving

in this way and also considers this normally "taboo"

subject.

For full report click here

2. Warning over children who abuse

27 February 2007 – BBC News

Experts are calling for more help to be given to children

at risk of sex offending to reduce the rising

numbers of sex crimes committed by youngsters.

Charities say that the internet is a growing factor with

children as young as five being treated for inappropriate

behaviour.

For full report click here

Business News

3. Southern Cross Healthcare Group PLC

Acquisition of Life Style Care Plc

Portfolio expanded by a further 1,737 beds

Southern Cross has acquired Life Style Care plc, a

subsidiary of LSC Holdings Ltd. Life Style owns the

leasehold interest of 23 high quality elderly care

homes with a total of 1,737 beds and gross assets of

£11.8 million.

The majority of the newly acquired homes will be

operated under Ashbourne Senior Living brand.

They are located in Greater London where previously

Southern Cross had little presence.

Life Style has interests in 23 high quality elderly care

homes with a total of 1,737 beds and assets valued

at some £11.8 million.

4. Mears Group PLC

Recommended offer for Careforce Group plc

The boards of Mears and Careforce have, on 5

March 2007 announced the terms of a recommended

offer, to be made by Mears for the entire issued and

to be issued share capital of Careforce.

Under the terms of the Offer, Careforce Shareholders

will receive 0.4552 new Mears Shares for each Careforce

Share they hold, valuing each Careforce Share

at 160p and the entire issued share capital of Careforce

at approximately £22.2 million.

Shareholders will be offered a cash alternative on the

basis of 150p in cash for each Careforce Share which

can be exercised for all or part of the proposed holding.

The Offer represents a premium of approximately

43.5% over the Closing Price of 111.5p per Careforce

Share on 2 March 2007.

Mears has announced that Shareholders owning approximately

55.0 per cent of the existing issued ordinary

share capital of Careforce have undertaken to

accept the Offer.

Mears will finance the cash payable alternative by

way of a Placing of 7,532,900 new Mears Shares at

334p per share. This will raise approximately £25.2

million before expenses. The Placing requires the

approval of Mears Shareholders.

Following completion of the Acquisition, Careforce's

Chief Executive, Mr. Michael Rogers, will join the

Mears Board as an executive director with responsibility

for the Enlarged Group's newly formed care division.

Commenting on the Offer, Bob Holt, Executive Chairman

and CEO of Mears, said:

'The recommended offer for Careforce which we have

announced today is an expansion of our public sector

services into the community domiciliary care provision

market. There are enormous opportunities ahead for

both our existing business and the sector we are

moving into.'

Peter Stone, Chairman of Careforce, said:

'There is a strong strategic fit between Careforce and

Mears' existing activities. In particular there are many

parallels between the domiciliary care market and

those in which Mears currently operates. Being part

of a larger group with a track record of establishing

long term partnerships with Local Authorities will bring

benefits to our clients and employees. Mears has

stated its intention to invest in Careforce in order to

build an increased share in the UK community and

care services market and to continue the acquisition

strategy which we have successfully pursued to date.

Overall the Careforce Directors believe that the offer,

which is being made at a healthy premium to our current

price, is in the best interests of the shareholders,

employees and clients of Careforce and recommend

that shareholders accept it.'

This is an edited version of the press release put out by Mears

Group plc. Anyone with an interest in these matters should

refer to the formal advertisements issued by Meears Group plc

and/or Careforce.

Care Homes

5. NHFA blows whistle on residential care

top-up charges

2 March 2007 – Community Care

A residential care advice body, the NHFA has

warned that residents and their families are being

over-charged for services, in some cases illegally,

due to local authority cash constraints

For full report click here

6. NCA response to minister claims over elderly

‘poor food’

February 2007 – NCA

The National Care Association has responded to the

Care Services Minister, Ivan Lewis’ claim that substandard

food is being served to elderly people in the

care home sector.

For full report go to http://www.nca.gb.com/press%

20releases/february_02.html

7. Tears as elderly forced to leave home

26 February 2007 – Bridgehousetoday

The Haven Nursing Home in Rastrick closed last

week, with relatives of elderly residents expressing

their worries that the stress of moving could be too

traumatic for some of them. Residents were given

just seven days to find somewhere else to live.

The Haven was home to up to 23 people suffering

from dementia, however, in May 2006 the CSCI told

the owners that it had to shut because of poor standards.

Case Reports

Law Reports

Nothing to report

Disciplinary cases

Nothing to report

Cases in the news

8. Carer convicted of sexual abuse

2 March 2007 – BBC News

Harry Perera, 57, of Kent has been convicted of

sexually abusing a woman with a mental disorder.

The offences took place at a care home in March

2006. Mr Perera will be sentenced on 30 March

2007.

For full report click here

9. Nurse struck off for mistreatment

2 March 2007 – BBC News

Male nurse, Mikhail Gvozdinsky has been struck off

for mistreating vulnerable patients in his care in Aberdeen.

He was found to have shown a “cavalier attitude

to nursing and was found guilty of eight charges

of misconduct.

For full report click here

10. Care Manager stole

26 February 2007 – icNewcastle

A care manager who stole up to £10,000 from elderly

residents at Ashton Grange Nursing Home in Sunderland

was spared jail. Alyson Smith stole the money

from the safe to fund her abusive boyfriend’s nights

out and his gambling debts.

Children

11. Pair cleared of boy's salt death

2 March 2007 – BBC News

Ian and Angela Gay have been cleared of using salt

to poison and kill three-year-old Christian Blewitt, a

child they hoped to adopt. The pair were previously

convicted of his manslaughter but won a retrial because

new medical evidence showed the high salt

levels as natural.

Prosecutors at Nottingham Crown Court originally

claimed that the couple had force-fed salt to the boy

as a form of punishment.

For full report click here

12. Debate over cause of boy's death

2 February 2007 – BBC News

For full report click here

Ed – I for one find it offensive and objectionable

for the CPS to comment as they did. With the evidence

being that high natural levels of salt could

occur through “salt diabetes” and no direct evidence

to suggest the Gays had administered salt

to Christopher there is a strong argument the

case should never have been brought in the first

place. Certainly after the initial conviction was

successfully challenged on appeal in the light of

the further expert testimony regarding the natural

condition of salt diabetes not deployed at the initial

trial, it was, in my personal opinion wrong to

bring the matter back to court as there clearly

was a reasonable doubt defence. Thus in that

light, after the acquittal, for the CPS to say their

thoughts are with the child’s family leaves one

with the very unsatisfactory feeling that the

clever CPS publicists deliberately chose language

which could be interpreted in an offensive

way to the Gays, whom, in the eyes of the law are

innocent.

It is the CPS’s duty only to bring cases to court

where they believe a court can properly convict

someone on the evidence available on the basis

of a reasonable jury being properly directed. It is

all too frequent in this day and age for our public

servants to duck the difficult questions and to

hide, as they seemingly have in the case, behind

the decision of others – such as the jury. Do the

CPS not have any words of public apology for the

ordeal the system wrought on the Gays? Let’s

not forget this government has now limited the

compensation available to those who are

wrongly convicted to £500,000. So imagine, a

professional family torn apart by a miscarriage of

justice and unable to earn at their expected level

for a number of years. The ultimate insult then

arrives in the shape of a claw back against their

compensation for the bed and breakfasting provided

in prison courtesy of the state and cash

limited compensation. Isn’t it interesting that the

“victim agenda” pushed by this government

does not extend to the victims of injustice made

more likely by the changes it itself has

wrought?

13. Councils called on to engage with new

childcare quality network

2 March 2007 – Community Care

The National Children’s Bureau is calling for councils

to engage with a new network for bodies involved in

promoting standards in early years and childcare services.

For full report click here

14. GSCC joins with nurses and teachers'

regulators in search for views on children

and young people's services

1 March 2007 – Community Care

The General Social Care Council is asking for practitioner’s

views on a joint statement. The statement is

referring to delivering services to children and young

people.

For full report click here

15. More adults banned from schools

28 February 2007 – BBC News

A tightening of the rules for adults working with children

in England has meant that thirteen adults have

been barred even though they were previously

cleared to work with children. Twelve of the 13 adults

were previously given partial bans and one was entirely

free to work with children.

All 13 are now on the Department for Education and

Skills blacklist known as List 99.

For full report click here

Conferences & Courses

To follow next week

Consultations

16. The Protection of Vulnerable Groups

(Scotland) Bill: Pre-Consultation Discussion

Paper on Secondary Legislation

2 March 2007 – Scottish Executive

Scottish Executive discussion paper on the Secondary

Legislation for the Protection of Vulnerable

Groups (Scotland) Bill. This is not a formal consultation

exercise yet.

17. Safeguarding Children from Abuse

Linked to a Belief in Spirit Possession

Closing Date: 9 March 2007

The Government is committed to publishing nonstatutory

guidance on child abuse linked to a belief in

spirit possession. This consultation paper constitutes

draft guidance on this issue for all agencies, and

seeks the views of stakeholders to help ensure that it

is appropriate and clear.

For consultation click here

18. Consultation on core principles for everyone

providing care to NHS patients

Closing date: 16 March 2007

The NHS in England: the operating framework for

2007-08’ publication sets out for consultation a draft

set of NHS principles. All NHS and independent sector

providers who sign national model NHS contracts

with commissioners from April 2007 will be required

to have regard to these principles once they are

agreed and published. The relevant contracts will be

those covering hospital care.

For consultation click here

19. Consultation - Disability, Race and Gender

Equality Scheme

Closing Date: 19 March 2007

The Criminal Records Bureau has launched a public

consultation in relation to its Disability, Race and

Gender Equality Scheme (DRG Scheme).

For full report click here

20. NHS QIS Disability Equality Scheme

Closing Date: 30 March 2007

NHS Quality Improvement Scotland are consulting

on their draft Disability Equality Scheme (DES). This

sets out how they plan to fulfil their duties their duties

in relation to disability equality and explains what the

NHS Quality Improvement Scotland do in relation to

matters including involving disabled people, ensuring

the DES is put into practice, access issues, and the

monitoring of their polices.

For full consultation click here

21. Getting it right for every child: Draft Children's

Services Scotland Bill

Closing Date : 31 March 2007

A Scottish Executive consultation on a draft Bill intended

to support the implementation of Getting It

Right for Every Child, the reform programme for children's

services. The bill proposes to place duties on

agencies to promote the well-being of children and to

work together. Also included are measures to ensure

that the views of children are taken into account. Any

grounds for referral to the Children's Hearings system

would also change if the bill were passed as legislation.

For full report click here

22. Consultation on the hospital travel costs

scheme

Closing date: 13 April 2007

A consultation looking at how patients can be reimbursed

for their travel expenses as more care is delivered

closer to home. It will also look at raising

awareness of the scheme in staff and patients.

For full consultation click here

23. DTI launches consultation on increasing

holiday entitlement

Closing Date: 13 April 2007

The Department of Trade and Industry is launching a

second public consultation on the implementation of

the changes to statutory annual leave entitlement. It

is planned to increase the entitlement in two stages,

rising from 20 to 24 days on 1st October 2007, and

from 24 to 28 days on 1st October 2008.

For full press report click here

To view consultation go to http://www.dti.gov.uk/

consultations/page36462.html

Ed - in other words 4 weeks contractual holiday

plus the 8 bank holidays. I remember when I was

a lad I was only given 15 days leave. Times were

hard!

24. Consultation on Criminal Records Bureau

checks of trustees of charities

Closing Date: 11 May 2007

The Charity Commission launched a 12-week consultation

on its approach to Criminal Records Bureau

(CRB) checks for trustees of charities working with

children or vulnerable adults.

For full summary of consultation go to http://www.charitycommission.

gov.uk/enhancingcharities/crbsummary.asp

For consultation click herehttp://www.charitycommission.

gov.uk/enhancingcharities/consultcrb.asp

25. Implementation of the Health Act 2006:

Fees for applications to provide NHS pharmaceutical

services in England

Closing Date: 11 May 2007

The Department is proposing to amend the 2005

Regulations to implement the provisions of the Health

Act 2006 to enable reasonable charges to be introduced

for applications concerning a chemist’s inclusion

on a NHS Primary Care Trust list. The charges

will be determined by way of Directions from the Secretary

of State to PCTs.

The DoH is formally inviting the views of NHS Employers,

the Pharmaceutical Services Negotiating

Committee (PSNC) and the British Healthcare Trades

Association (BHTA) on these proposals.

For consultation click here

26. The Bournewood Safeguards: Draft illustrative

code of practice

Closing Date : 31 May 2007

The Bournewood Safeguards draft illustrative guidance

is intended to be used by people exercising

functions under the Bournewood provisions with the

intention that the guidance will eventually form part of

the Mental Capacity Act 2005 Code of Practice (due

to be issued in Spring 2007). The covering note invites

comments on the draft guidance before June

2007.

For full report click here

CSCI, CSIW, Healthcare

Commission &

Scottish Care Commission

27. Read our response to plans for superregulator

1 March 2007 – CSCI

CSCI has commented on the Government’s proposed

plan to create a ‘super-regulator’ for both adult social

care and health.

For full report click here

28. Platt demands health service involvement

in care system reforms

27 February 2007 – Community Care

For full report click here

29. Progress on NHS hospital services for

children patchy, says healthcare watchdog

28 February 2007 – Healthcare Commission

The Healthcare Commission is commenting on the

framework for delivering high quality care to children.

The quality of care provided to children inpatient services

is good with 71% of trusts scoring good or excellent.

Almost all children (99%) are treated in children-only

wards.

For full report go to http://www.healthcarecommission.org.uk/

newsandevents/pressreleases.cfm/cit_id/5222/FAArea1/

customWidgets.content_view_1/usecache/false

30. Care Regulator Releases Care Quality

Findings

27 February 2007 – Scottish Care Commission

The Care Commission has released the findings of

its Annual Quality Review, which presents a comprehensive

national picture of the quality of care in Scotland

for the first time.

For full report click here

31. One third of Scottish children's homes

fail to act on care commission's advice

28 February 2007 – Community Care

The Care Commission has found that nearly one

third of children’s homes in Scotland had failed to

deal with concerns raised by the country’s care regulator

in 2004-5 after a year.

For full report click here

32. CSCI Update

Notification of death, illness, and other

events: Regulation 37

Guidance issued by CSCI to care home providers

about the kind of events CSCI expect to be told

about and how the CSCI will respond.

For full report click here

33. Commission for Social Care Inspection's

Response to the Care Matters Green Paper

The CSCI’s response to the Government's plans to

transform the lives of children and young people in

care.

For full report click here

Education

34. More adults banned from schools

28 February 2007 – BBC News

For full report see Children—item ??

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

35. NHS ‘failing to offer help to obese children’

4 March 2007 – Sunday Herald

An investigation has highlighted that the NHS in Scotland

is failing to provide specialist services to help

overweight children shed weight. The majority of

health boards currently only offer referrals to general

dietician services.

36. No. 100 The Adults with Incapacity

(Conditions and Circumstances Applicable to

Three Year Medical Treatment Certificates)

(Scotland) Regulations 2007

1 March 2007 – OPSI

For full report see Legislation Update – item 69

37. No. 104 The Adults with Incapacity

(Medical Treatment Certificates) (Scotland)

Regulations 2007

1 March 2007 – OPSI

For full report see Legislation Update – item 70

38. No. 105 The Adults with Incapacity

(Requirements for Signing Medical Treatment

Certificates) (Scotland) Regulations 2007

1 March 2007 – OPSI

For full report see Legislation Update – item 71

39. Patients hail NHS as waiting times cut at

hospitals

1 February 2007 – Evening Times

Patients are singing the praises of improved hospital

waiting times after Scottish hospitals achieved their

best all-round performance on waiting times.

However health boards are still failing to ensure that

95% of cancer patients start treatment within two

months of an urgent referral.

40. Nursing leaders attack pay offer

1 February 2007 – BBC News

The Royal College of Scotland has said that the UKwide

pay deal giving a phased 2.5% wage rise would

leave nurses "angry, frustrated and let down".

The deal was defended by the Scottish Executive,

which said that it would take average nursing salaries

up from £30,500 to £32,000, starting salaries would

go up from £19,200 to £19,700 and the salaries of the

highest-paid nurses would go up from £60,900 to

£62,400, according to the executive.

For full report click here

41. Outback appeal to attract medics

1 February 2007 – BBC News

A new television series is appealing for GPs and

hospital specialists who would like to work in a remote

part of the Australian outback. Successful entrants

will live and work in Australia for at least three

months and star in the series “Desperately Seeking

Doctors” as it delves into the shortage of doctors in

Australia.

For full report click here

42. Budget row over vulnerable care

1 February 2007 – BBC News

A Scottish MP and Scottish Borders Council are

clashing after criticism over care provision for vulnerable

adults in the region. Christine Grahame, of the

SNP has criticised the authority for cutting £1m a

year from care packages after changes to its assessment

criteria, but the council insist that the people

with the greatest need are getting their service increased.

For full report click here

43. Banned workers double in one year

1 February 2007 – BBC News

According to new figures, the Scottish Executive has

revealed that the number of adults who are banned

from working with children more than doubled last

year.

In 2005 which is the same year the blacklist was set

up - 88 people were put on the list.

For full report click here

44. Sort out hospital car park fees . . . I'll do it

for you

28 February 2007 – Evening Times

FIRST Minister Jack McConnell has threatened hospital

bosses about controversial parking charges. He

has ordered them to come up with a way of deterring

those who use hospital grounds as free local car

parks - but without imposing "excessive" parking

charges that will penalise nurses, other hospital staff,

and genuine visitors.

45. Elderly care homes give 'concern'

27 February 2007 – BBC News

A new report by the Care Commission reveals that

poor food and a lack of qualified staff were just a few

of the hundreds of complaints triggered by old people’s

homes. Most of the complaints were upheld by

the care sector’s watchdog body.

The Commission investigated 792 complaints about

old people’s homes in 2005-06 with more than three

quarters of the complaints being upheld. The review

was based upon the findings of more than 55,000

inspections.

For full report click here

46. Probe into 'hidden' waiting lists

27 February 2007 – BBC News

Andy Kerry, Scottish Health Minister has vowed to

investigate claims of a Glasgow hospital manipulating

waiting figures to meet new targets. A Freedom of

Information request by a doctor showed that routine

hip and knee operations at the Southern General

were classed as specialised which meant that patients

were removed from the waiting lists.

For full report click here

47. Action plan over hearing aid wait

27 February 2007 – BBC News

NHS Borders are undertaking to tackle the lengthy

waiting times for hearing aids as quickly as possible.

Part of the plans include recruitment after the latest

figures show a 94-week wait for a hearing aid in the

region compared to the national target of 26 weeks.

For full report click here

48. Extra guards for violent patient

26 February 2007 – BBC News

Edinburgh Royal Infirmary (ERI) has spent £42,000

on security measures to cope with one single abusive

patient. The hospital paid for extra security guards

and a special room to deal with convicted rapist and

kidney dialysis patient Donald Gibson.

The revelation came after it emerged that NHS Scotland

has spent a total of £3m dealing with violent and

abusive patients.

For full report click here

49. Hospitals pass cleanliness test

26 February 2007 – BBC News

A recent quarterly cleanliness audit shows that all of

Scotland’s major hospitals have passed for the first

time with a minimum 90% compliance rating. An average

score of 95.4% was achieved.

In the previous quarter, Carstairs state hospital failed

to reach the grade along with Edinburgh Royal Infirmary

and the Royal Alexandra Hospital in Paisley.

For full report click here

50. Scottish Care at Home - Conference and

Awards April 2007

26 February 2007 – Scottish Care

Scottish Care at Home Conference and Awards 2007

– the invitation is extended to anyone who wishes to

attend.

For full report go to http://www.scottishcare.org/news.php?

news=55

Wales

51. Cardiff Council to consult on increasing

maximum home care charges

3 March 2007 – Community Care

Cardiff Council is looking at consulting on increasing

maximum home care charges by 25% to enable it to

tackle its financial difficulties. The highest fees for

care would affect 20% of users and would rise from

£7.95 to £10 under the proposed plans.

For full report click here

52. Wales to review social care funding

1 March 2007 – Community Care

The Welsh assembly government are reviewing social

care funding in Wales is is reviewing social care

funding in Wales. This is being done as part of a 10

year plan for social services.

For full report click here

53. More care at home in 10-year plan

28 February 2007 – BBC News

Wales’ Health Minister, Dr Brian Gibbons, is planning

to shake up social services in the region. The assembly

government has issued a 10-year strategy to

give people more say over the care or support they

currently receive. It also wants more emphasis on

caring for elderly and disabled people at home, and

taking fewer children into care.

For full report click here

54. Hospices warning of service cuts

27 February 2007 – BBC News

Welsh hospices say they may have to turn away terminally

ill patients because of a funding crisis. The

Hospice of the Valleys in Tredegar, Blaenau Gwent

which provides palliative care said it would have to

cut services unless it was "properly funded". Health

Minister, Dr Brian Gibbons has promised to allocate

£2m core funding yearly for the 12 charitable hospices

in Wales.

For full report click here

55. Eye drug private costs 'immoral'

26 February 2007 – BBC News

Elderly patients in Wales are paying as much as

£2,000 a month for sight-saving injections as the

NHS waits for guidance on new drugs. This is even

though Wales’ local health boards were told they can

pay for the treatment now.

For full report click here

Learning Disabilities

56. Health concerns heard for review

26 February 2007 – BBC News

People with learning difficulties are sharing their concerns

over future care in Cornwall with health bosses

as part of a review into abuse uncovered at a hospital

last year. A conference is being staged and will hear

from more than 100 service users.

For full report click here

57. Children with learning difficulties face

higher probability of poor mental health

26 February 2007 – Community Care

Research by the Mental Health of Children and Adolescents

with Learning Disabilities in Britain has found

that an increased risk of mental health problems

among children with learning disabilities could be the

result of their exposure to poverty and social exclusion

rather than their condition in some cases.

For full report click here

Legislation Update

58. No. 441 The Royal Pharmaceutical Society

of Great Britain (Registration Rules) Order

of Council 2007

2 March 2007 – OPSI

For full legislation click here

59. No. 442 The Royal Pharmaceutical Society

of Great Britain (Fitness to Practise and

Disqualification etc. Rules) Order of Council

2007

2 March 2007 – OPSI

For full legislation click here

60. No. 504 The NHS Direct Special Health

Authority Abolition Order 2007

2 March 2007 – OPSI

For full legislation click here

61. No. 542 The National Health Service

(Optical Charges and Payments) Amendment

Regulations 2007

2 March 2007 – OPSI

For full legislation click here

62. No. 543 The National Health Service

(Charges for Drugs and Appliances) Amendment

Regulations 2007

2 March 2007 – OPSI

For full legislation click here

63. No. 544 The National Health Service

(Dental Charges, General Dental Services

Contracts and Personal Dental Services

Agreements) Amendment Regulations 2007

2 March 2007 – OPSI

For full legislation click here

64. No. 556 The Commission for Social Care

Inspection (Fees and Frequency of Inspections)

Regulations 2007

2 March 2007 – OPSI

For full legislation click here

65. No. 559 The National Health Service

(Functions of Strategic Health Authorities

and Primary Care Trusts and Administration

Arrangements) (England) (Amendment)

Regulations 2007

2 March 2007 – OPSI

For full legislation click here

66. No. 561 The Royal Pharmaceutical Society

of Great Britain (Fitness to Practise and

Registration Appeals Committees and their

Advisers Rules) Order of Council 2007

2 March 2007 – OPSI

For full legislation click here

67. No. 562 (C. 23) The Drugs Act 2005

(Commencement No. 5) Order 2007

2 March 2007 – OPSI

For full legislation click here

68. No. 564 The Approved European Pharmacy

Qualifications Order of Council 2007

2 March 2007 – OPSI

For full legislation click here

69. No. 100 The Adults with Incapacity

(Conditions and Circumstances Applicable

to Three Year Medical Treatment Certificates)

(Scotland) Regulations 2007

1 March 2007 – OPSI

For full report click here

70. No. 104 The Adults with Incapacity

(Medical Treatment Certificates) (Scotland)

Regulations 2007

1 March 2007 – OPSI

For full report click here

71. No. 105 The Adults with Incapacity

(Requirements for Signing Medical Treatment

Certificates) (Scotland) Regulations 2007

1 March 2007 – OPSI

For full report click here

72. No. 464 The Education and Inspections

Act 2006 (Prescribed Education and Training

etc) Regulations 2007

28 February 2007 – OPSI

For full legislation click here

73. No. 460 The Office for Standards in Education,

Children's Services and Skills

(Children's Rights Director) Regulations 2007

27 February 2007 – OPSI

For full legislation click here

74. No. 462 The Education and Inspections

Act 2006 (Inspection of Local Authorities)

Regulations 2007

27 February 2007 – OPSI

For full legislation click here

75. No. 463 The Childcare Act 2006

(Childcare Assessments) Regulations 2007

27 February 2007 – OPSI

For full legislation click here

76. No. 478 The NHS Direct National Health

Service Trust (Establishment) Order 2007

27 February 2007 – OPSI

For full legislation click here

Mental Health

77. Pregnancy depression 'is missed'

28 February 2007 – BBC News

The National Institute for health and Clinical Excellence

(NICE) has called for GPs and midwives to do

more to spot signs of depression in pregnant women

and new mothers. Up to one in seven women experience

a mental health disorder at some point in pregnancy

or after the birth.

Mental health experts welcomed the new guidance.

For full report click here

78. NICE issues guidance to help detect and

treat women with antenatal and postnatal

mental health disorders

28 February 2007 – NICE

For full report go to http://www.nice.org.uk/page.aspx?

o=410181

79. Lords amend Mental Health Bill

27 February 2007 – Community Care

Peers in the House of Lords voted to ensure compulsory

community treatment is only used on people who

would benefit from such treatment.

The Mental Health Bill was again defeated after the

vote by 173 to 140 to ensure that community treatment

orders could only apply to “revolving door” patients.

For full report click here

80. Winterton lambasts lords over mental

health bill changes

1 March 2007 – Community Care

For full report click here

Miscellaneous

81. (DEFRA) Purchasing together could offer

smarter food procurement

5 March 2007 – GNN

Local authority staff with responsibility for buying

food for schools, the fire and rescue service, leisure

centres and social care institutions will be encouraged

to turn to more sustainable procurement by

buying produce from a local supplier.

Buying produce from a local supplier is better for the

environment and regional economy and can also

result in efficiency savings being made because the

food has less distance to travel.

82. DWP study on disability discrimination

act tracks employers' disability attitude

changes

2 March 2007 – Community Care

Government research shows that employers still continue

to have a narrow conception of disability by

focusing mainly on sensory and mobility impairments.

However, compared with 2003, employers had more

positive attitudes to employing disabled people and

those who had experience of disabled had the most

positive views.

For full report click here

83. CRB reaffirms its commitment to free-ofcharge

checks on volunteers

28 February 2007 – CRB

The CRB has reiterated its commitment to providing

free-of-charge checks for volunteers.

For full report click here

84. NICE publishes guidance on fludarabine

for chronic lymphocytic leukaemia

28 February 2007 – NICE

For full report go to http://www.nice.org.uk/page.aspx?

o=410186

85. NHS facing dementia time bomb

26 February 2007 – Observer

Experts have forecast that more than 1.7 million people

in the UK will have dementia by 2051. The

evaluation is based on the most up-to-date figures for

dementia and the projected cost will be billions of

pounds each year.

86. 1.7m 'will have dementia by 2051'

27 February 2007 – BBC News

For full report click here

NHS

87. Minister in climb-down over junior doctor

fiasco

7 March 2007—Daily Telegraph

In this article the Telegraph reports how Patricia Hewitt

has had to climb-down over “the flawed selection

system that has left thousands of able young doctors

without the prospect of a job and many threatening to

leave the NHS.” The computer based application

system has come under increasing pressure amidst

criticism that the new arrangements were not fit for

purpose. An interview panel at Birmingham refused

to interview 80 candidates on that basis stating they

could not be confident that they would be choosing

the right doctors for the job. Prof Gus McGrouther

from Manchester University has described the system

as “the biggest crises to hit British medicine since the

start of the NHS.” He insists that the selection process

be suspended immediately. Patricia Hewitt has

asked the Academy of Medical Royal Colleges (made

up of the 14 royal colleges) to lead the review. The

Government has promised that there will be enough

jobs for British trained graduates – however there

have been around 30,000 applicants for 22,000

posts.

88. 'Round-the-clock' NHS to create sleepy

surgeons?

6 March 2007

Tony Blair’s suggestion of introducing ‘round-theclock’

surgery to cut NHS waiting times could see

some surgeons joining shift-workers across the country

and trying to balance their internal body clocks.

Much evidence shows that shift workers often have

difficulty getting any kind of quality sleep, which in

turn affects concentration and leads to reduced work

quality.

89. (DH) DH announces review of modernising

medical careers applications

6 March 2007 – GNN

The Department of Health has announced a review

into Round One of Modernising Medical Careers

(MMC) recruitment and selection into specialist training,

made through the Medical Training and Application

Service (MTAS).

The review will be led by Professor Neil Douglas,

Vice President of the Academy of Medical Royal Colleges

and President of the Royal College of Physicians

of Edinburgh and will be completed by the end

of March, so that any changes can be made in time

for Round Two, which begins on 28 April 2007.

90. Review into doctor recruitment

6 February 2007 – BBC News

For full report click here

91. Hospital children's ward closed

3 March 2007 – BBC News

Shennen Ward at the Royal Cornwall Hospital (a

general children's ward) has been closed because of

staff shortages. The ward treats children aged between

2 and 12 years of age.

Managers stated that the closure was temporary and

being reviewed on a daily basis.

For full report click here

92. (DH) Statistical press notice - NHS Inpatient

and Outpatient waiting times figures -

January 2007

2 March 2007 – GNN

Inpatient Waiting times

The number of patients, for whom English commissioners

are responsible, waiting over 26

weeks at the end of January 2007 was 299. Of

these 299, 17 were English residents waiting in

Welsh hospitals.

The number of patients, for whom English commissioners

are responsible, waiting over 20

weeks at the end of January 2007 was 44,600, a

decrease of 1,400 from December 2006.

The number of patients, for whom English commissioners

are responsible, waiting over 13

weeks at the end of January 2007 was 183,300,

an increase of 1,900 (1.0%) from December 2006,

but a fall of 13,400 (6.8%) from January 2006.

The percentage of patients waiting under 13

weeks was 75.7%, compared to 76.2% in December

2006 and 74.8% in January 2006. The median

waiting time of those still waiting at the end of

January 2007 was 7.6 weeks.

Outpatient Waiting times

The number of patients, for whom English commissioners

are responsible, waiting over 13 weeks

for a first outpatient appointment at the end of

January 2007 was 103. Of these 103, 92 were

English residents waiting in Welsh hospitals.

The number of patients, for whom English commissioners

are responsible, waiting over 11 weeks

at the end of January 2007 was 21,800, down

2,900 from December 2006.

The number of patients, for whom English commissioners

are responsible, waiting over 8 weeks

at the end of January 2007 was 139,600, a decrease

of 13,700 (9.0%) from December 2006,

and a fall of 70,500 (33.6%) from January 2006.

The percentage of patients waiting under 8 weeks

was 85.4%, compared to 84.7% in December

2006 and 80.9% in January 2006. The median

waiting time of those still waiting at the end of

January 2007 was 3.2 weeks.

93. Prescription charges will not increase

above the rate of inflation

2 March 2007 – GNN

The Health Minister, Lord Hunt has announced that

prescription charges will rise by less than the current

rate of inflation. There will be an increase of 20p taking

the charge for one single prescription item to

£6.85 from 1st April 2007.

94. New network widens access to cuttingedge

clinical studies

1 March 2007 – GNN

A new £2 million Government investment has been

made to enable tens of thousands of NHS patients in

England to benefit from the latest medical treatments

at their GP surgery, dental practice or health centre.

The funding will help to establish a new Primary Care

Research Network (PCRN) of eight regional teams of

specialist doctors, nurses and scientists who will work

with GP practices, health centres and dental practices

to help raise awareness among clinicians of clinical

studies currently recruiting patients.

95. Stop/go pay awards unhelpful, says

King’s Fund

1 March 2007 – King’s Fund

The King’s Fund comments on the announced pay

rises for the health sector.

For full report click here

96. NHS fertility care is 'a lottery'

2 February 2007 – BBC News

Grant Happs, MP, has said that access to IVF on the

NHS is a lottery, with different areas adopting different

rules. Data was obtained under the Freedom of

Information Act showing inequitable IVF provision

across England's Primary Care Trusts (PCTs).

Guidelines say all eligible women aged 23-39 should

get one free cycle of IVF, but some areas have introduced

restrictions such as age limits, with some saying

a woman over 35 is too old, with others saying

that is too young.

For full report click here

97. 'Our time is running out for a baby'

2 February 2007 – BBC News

For full report click here

98. Private Eye—2 March 2007

This edition of Private Eye carries an eight page special

entitled “System Failure!” written by Richard

Brooks considering the difficulties associated with

the Governments £12.4bn IT project for the

NHS. “This is the story of the theft of

1,240,000,000,000 pennies from patients through an

IT project that wasn’t wanted and doesn’t work. It

tells how political vanity, official incompetence and

vested interests have wreaked havoc on the health

service – and calls for a halt to the ultimate in a long

line of New Labour computer cock-ups before it’s too

late.”

The 8 page spread concludes with the following comment:

“The plan to transform the NHS information technology

is deep in the sh-IT. Responsibility goes all the

way to a Prime Minister who was keener to listen to

management consultants than medics as long as he

got his bumper initiative. His government handed

the task to a consultant who ignored intelligent analysis

of the NHS’s true needs in favour of big announcements,

spin and deceit. The result was very

predictable, and very New Labour.”

99. NHS 'needs to use more maggots'

28 February 2007 – BBC News

A Labour MP has called for the NHS to make more

use of maggots to fight conditions such as MRSA,

gangrene and body ulcers. Labour’s Madeleine

Moon called for more testing on the creatures’ medical

benefits. Maggots bred in sterile conditions can

clean wounds by eating rotten flesh and are used as

an alternative to antibiotics.

For full report click here

100. Patients denied cancer treatment

28 February 2007 – BBC News

Up to a third of Derby City General Hospital’s patients

are not able to get funding for the latest treatments on

prostate cancer. Derby City General Hospital is one

of only five UK hospitals offering the high-intensity

ultrasound procedure for prostate cancer and people

from all over the country have taken advantage of

patient choice and visited Derby for the treatment.

However, others have missed out as their local primary

care trust will not pay.

For full report click here

101. NHS closures approach challenged

28 February 2007 – BBC News

An article about the NHS’s ability to push ahead with

plans to close services, as many local councils use

their powers to object and also asking the health secretary

to intervene. In the last two years, 23 have

referred NHS plans to the government, with the

health service only receiving support from ministers in

eight cases.

The government is also publishing a report calling on

the NHS to improve its approach to reconfiguration.

For full report click here

102. Fire crews' medic role dismissed

28 February 2007 – BBC News

The Court of Appeal has ruled that firefighters should

not be obliged to give emergency medical treatment.

Previously reported in BHCR Vol 2, Issue 7 – item 55

For full report click here

103. Firefighters' medic role in court

28 February 2007 – BBC News

For full report click here

104. Review of NHS service improvement

28 February 2007 – DoH

Chief Executive of the NHS, David Nicholson has

sent a letter setting out the findings and recommendations

from Sir Ian Carruthers' review of NHS reconfigurations.

For full report click here

105. New medics to ease A&E pressure

27 February 2007 – BBC News

Wiltshire’s new emergency care practitioners (ECP)

have started work. ECPs are paramedics who have

had extra training to respond to 999 calls that do not

require hospital treatment. They are able to treat

problems and prescribe medicine if necessary.

It is hoped that the venture will reduce the workload

on hospital A&E departments.

For full report click here

106. Mapping the success of NHS building

schemes

27 February 2007 – DoH

The Department of Health has announced that a further

seven private finance initiative (PFI) hospitals,

worth around £1.5 billion, have passed checks on

affordability and value for money, allowing them to

move a step closer to opening their doors to patients.

For full report click here

107. Violence costs NHS '£100m a year'

26 February 2007 – BBC News

A Panorama investigation has revealed that violent

and abusive patients cost the NHS more than £100m

a year. An estimated 75,000 staff were attacked last

year which meant costs for extra security, absenteeism,

training of staff and legal bills.

For full report click here

Nursing

Nothing to report

Older People

108. Help the Aged ploughs £1.7m into research

on older people’s health

1 March 2007 – Community Care

Help the Aged will be carrying out research into treatments

and developments to help older people have

better health and enable them to live independently.

For full report click here

109. Council rapped over woman's death

28 February 2007 – BBC News

A government ombudsman has ruled that carers let

Maria Stones, 95, down. Mrs Stones died after her

home-help failed to report a fall in January 2004

which left her with eight broken ribs. The carer was

provided by Sheffield City Council through an

agency.

For full report click here

110. Older people's charity reveals

'unbelievable' lottery in continuing care

27 February 2007 – Community Care

Age Concern has obtained figures from the Department

of Health which suggest that there is still a

postcode lottery for continuing care in England.

Some areas record up to 40 times more care recipients

than other areas.

For full report click here

Social Care

111. 'You decide' on care matters green paper

priorities, practitioners told

1 March 2007 – Community Care

The government is calling for practitioners to prioritise

proposals in the Care Matters green paper, amid concerns

only some of them will be put into action.

For full report click here

112. Few carers given assessments for services

28 February 2007 – Community Care

The latest obtained figures show that less than

400,000 of England's estimated five million carers

were offered an assessment or review for services in

2005-6.

For full report click here

Staff, employment and

disciplinary

Nothing to report

And now for something

completely different

Rather than an article this week I want to pose a conundrum

and invite your comments. Incidentally

many thanks to all of you who gave me feedback

regarding my “Blair’s legacy” article. No one has told

me yet that they disagree with anything – that’s remarkable

in its own right!

I want you to consider the following hypothetical scenario:

Imagine you are the proprietor of a health and social

care business – it could be a care home or a domiciliary

care agency. For whatever reason you’ve got

into CSCI’s bad books. In fact things are so bad that

CSCI has served notice that it intends to seek the

cancellation of your registration. You have made

representations to CSCI - but all to no avail. The

dreaded letter arrives giving you notice that your registration

is to be cancelled – unless you exercise

your right of appeal to the Care Standards Tribunal.

You chose to appeal and have lodged the necessary

appeal papers in time. Both you and CSCI now have

to await the determination of the Tribunal. You remain

in business, albeit under something of a cloud.

OK, based on those simple facts lets go further.

During the time you are waiting for your appeal to be

heard (this could be as long as 9-12 months away)

you and CSCI still have to go through the usual

round of inspections and reports. This is a difficult

time for all concerned – something of a Mexican

standoff – but then that’s the system.

You learn that your commissioning authorities are

becoming increasingly twitchy in maintaining placements

with you – in fact there are rumours in the air

that your contracts are to be cancelled.

You realise something has to be done quickly as your

business cannot survive without these contracts. The

business will run out of money and won’t last until the

appointed hearing date before the Tribunal when you

are confident that your appeal will be successful.

How would you react if you learnt that it was CSCI

that had approached the commissioning authorities

with a view to starving you of funds so you couldn’t

afford your day in court – your day before the Care

Standards Tribunal?

Do you think it is a legitimate act or tactic of a public

body to seek to undermine your business in this way?

In the immortal words of many an exam paper – discuss!

Do please let us know your thoughts. We’ll aim to

publish some of your responses in a forthcoming edition

of BHCR. Please send your comments to andrew.

dawson@brunswicks.eu .

Andrew Dawson

Partner

Tel: 0870 766 9281

Fax: 0870 766 4089

Andrew Dawson

Do listen to our podcasts. We have 21 podcasts

posted both on our web-site and our host site.

At the moment our most popular podcasts consider

the implications of the Alternative Futures

series of cases and explain the principal health

and safety duty owed by employers to employees.

If you’d like to listen to them go to

w w w . b r u n s w i c k s . l i b s y n . c o m o r

www.brunswicks.eu or subscribe to our podcasts

through a podcast aggregator such as

iTunes.

If you use iTunes you can search for either Keith

Lewin or me, Andrew Dawson as an artist or

Brunswicks itself.

Back

Crisis Intervention Line Number

Crisis Intervention Line 07855 855 588
available 24 hours 365 days

Contact us with a query

Contact us with a query on 0870 766 8400