Editorial
Welcome to this first edition of ‘Brunswicks’
Healthcare Review.
We are especially pleased to publish this, our first edition, on the first anniversary of Brunswicks LLP trading. You may well have read other publications in the past of which I
was editor; I hope that you will find something familiar about the content of this new publication and also some things which are fresh and new.
I am delighted to be assisted in this new endeavour by my colleague, Lin Gunnell, with whom I have worked in the past. Without Lin these publications would struggle to meet the deadlines which we have set.
Lin and I are committed to keeping you abreast of the news and topical comment and relevant articles in this weekly publication. So, if there are topics or issues which we are
not giving proper coverage to, let us know. Our contact details appear on the back sheet of this and future editions. We can also be contacted through our website at www.brunswicks.eu
Keep an eye on this part of the publication in future editions as, from time to time, I will be drawing your attention to new and improved ways of keeping up-to-date
with legal developments.
Finally, if there are other people in your organisation who might also like to read Brunswicks’ Healthcare Review or friends and associates who might benefit from its contents we will be happy to send them their own copy - which, like
this, is FREE. All we need are their contact details.
Enjoy the read, do provide your feedback so that we can better hone future editions.
Abuse
1. Building on experience : New regulations
to protect the vulnerable
16 March 2006—Home Office Press Office
New measures to enhance protection of the vulnerable and
provide greater assurance to the public were laid before
Parliament on 16 March 2006. These new regulations will
enhance the Criminal Records Bureau’s ability to provide a
better service.
The Regulations will come into effect from 6 April 2006
2. New findings demonstrate elder abuse is
still rife
13 March 2006—Action on Elder Abuse
A report released by Action on Elder Abuse reveals that
vulnerable adults need further legislation to guard them
from abuse to bring their protection in line with that of children
and domestic violence victims. The report also revealed
that of 639 cases over six months, over half involved
the elderly.
For full report click here
Also:
For Community Care press release click here
BBC News:
For full report click here
3. CRB to administer the new vetting and
barring scheme
1 March 2006—CRB
The publication of the Safeguarding Vulnerable Groups
Bill, relates to a key recommendation of the Bichard Report,
the CRB register would confirm that there is no known
reason why a certain individual would not be able to work
with these client groups.
For full report click here
Business News
4. The Sunday Times—19 March 2006
An article identifying the large capital values realised by
entrepreneurs from the private health and social care resources
to buttress its own services there is still ‘plenty of
room for growth’. Mention is made of some 16 mulitmillionaires
from Hamilton Anstead (est. £30m-£60m) to
Elizabeth Wagstaff (est. £15m).
5. BUPA healthy
16 March 2006—The Times
BUPA, Britain’s largest health insurer will be looking for
more care home acquisitions this year after a healthy 2005.
Val Gooding, chief executive, stated that the provident society
unveiled its financial results for the first time, showing a
pre-tax profit before one-off items of £314 million for the
year to 31 December, which is up from £266 million in
2004.
6. All main publications throughout the week
The Peerages for cash row continues to rumble through the
political corridors of Whitehall and remains an obstacle of
Dr Chai Patel, former head of Westminster Healthcare and
The Priory. Dr Patel made millions of pounds from the sale
of the businesses and has been a significant donor to the
Labour Party.
7. Self-belief the secret to care group’s success
13 March 2006—CareandHealth
Barchester Healthcare has been named as Britain’s second
best large employer in the Sunday Times Best 100 Companies
to Work for list. Those who rank highest in the pool
typically include city consultancies, national banks and well known
accountancy firms.
Care Homes
8. Care home owner’s closure claim
17 March 2006—BBC News
A care home operator based in Peebles has claimed it is
under threat of closure by national watchdogs, after the
Care Commission made several unannounced inspections
over the past two months. An improvement notice was
served on the home’s owner, which had 20 items listed. He
has contacted lawyers to dispute the Commission’s findings.
For full report click here
9. Care home costs outstrip inflation
16 March 2006—The Herald
Keeping elderly people in home has risen by around five
times the rate of inflation. New figures show that the bill for
each person in a care home averages £23,000 per year, an
increase of 12.3% over the past two years.
10. Panorama : The NHS National Homes
Swindle—is it about Care or Money?
13 March 2006—NHFA
Is it about the right to care or the cost? In reality, would
there be less of an uproar if people were able to sell their
homes to go into care, but their children were still able to
receive their inheritance? Many older people have been
denied NHS continuing care and many of them have had to
sell their homes to pay for it.
11. Meals in care homes
13 March 2006—ECCA
The English Community Care Homes Association has welcomed
the Commission for Social Care Inspection’s report
called “Highlight of the Day?”. The Chief of Executive of the
ECCA stated that over 83% of care homes have met or
exceeded the requirements of the meals and the standards
and that care homes should be congratulated on their
achievements.
For full report click here
Back Next
Volume 1 Issue 1
12. Joint approach to the long-term care sector
7 March 2006—ECCA
Four major national associations comprising of: The English
Community Care Association (ECCA), National Care
Association (NCA), National Care Forum (NCF) and the
Registered Nursing Home Association (RNHA) have
warned local authorities that little or no increase in fees
would not be accepted and would also undermine the sector’s
ability to meet the Government’s agenda outlined in
the receive white paper “Our Health, Our Care, Our Say”.
For full report click here
Carers
13. Charity warns that councils are failing to
protect carers’ rights
15 March 2006—Community Care
A report published by charity Carer’s UK has revealed
“significant weaknesses” in the health and social care system,
that councils could face a large number of legal challenges
for not protecting carers’ rights. The human rights
legislation was not being used by social workers as services
and care packages were planned.
For full report click here
14. Cuts in care services for the elderly and
disabled
16 March 2006—The Times
Councils bearing the brunt of the NHS funding crisis are
cutting services for elderly, disabled and mentally ill people.
The shortfall is double the amount last year because
of the knock-on effect of an £800 million NHS deficit, and
as a result councils are restricting the numbers of people
entitled to care services by tightening eligibility criteria and
raising charges for home help.
Case reports
15. R -v- Ross Warwick Porter
17 March 2006
If a person could no longer gain access to indecent photographs
of children which had been deleted from his computer
he no longer had custody or control of such images
for the purposes of s.160 Criminal Justice Act 1988.
16. Del Mundo –v– Sec of State for Health
The Care Standards Tribunal has rejected the appeal by a
care worker whose name had been entered on the POVA
and POCA lists and confirmed that he should be barred
from the care workforce. This is the first unsuccessful appeal
against a POVA listing by a care worker. All previous
appeals by care workers who had been banned from the
care sector as a result of having been referred to the POVA
list had succeeded in their appeals. In this case the evidence
was that the care worker had lifted a service user,
known only as ‘R’ who had fallen to the floor in his en-suite
by taking hold of R’s underpants. Del Mundo had failed to
note the incident in the accident book, care plan or anywhere
else and then initially lied about what he had done
both to the police and to his employer—all of these things
made Del Mundo unsuitable to work with vulnerable adults
and children.
17. Doctor’s opinion does not bind administrator
16 March 2006—The Times
In the Court of Appeal, Regina (K) -v– West London Mental
Health NHS Trust, the Court decided that the opinion of the
registered medical officer of a detained patient on a matter
of clinical judgment was not binding on the Secretary of
State for Health, or his delegate, performing administrative
functions. The Court of Appeal so stated in a reserved
judgment when dismissing the appeal of K, a patient in
Broadmoor Hospital, against the refusal by Mr Justice
Lightman (unreported [2005] EWHC 1454 (Admin) of his
application for judicial review of a decision by the West
London Mental Health NHS Trust, by its panel on 19 April
and 16 May 2005, to refuse to fund his transfer from Broadmoor
to Farmfield, a medium security hospital in the private
sector.
Children
18. 18 March 2006—The Times p.38
A High Court judge criticised social workers and their employers
(although the council has not yet been identified) for
taking a child into care following the obtaining of an emergency
order from magistrates. The social services team
manager made 13 assertions to the magistrates ‘...every
single one of which was misleading, incomplete or
wrong….’ said the judge.
19. Rise in Ofsted fees troubles providers
16 March 2006—Nursery World
Government plans to put up childcare registration fees have
been met with concerns by early years organisations.
From October the government wants to introduce new regulations
to increase the level of charges paid to Ofsted by
30%.
For full report click here
20. ‘Ban failure’ over abuse teacher
15 March 2006—BBC News
The Government has been accused by Cambs County
Council of failing to ban a music teacher from giving lessons
to pupils, before he was jailed for child sex offences.
They said Brian Davey could have been placed on a list of
banned teachers in 2003 and in February 2006.
For full report click here
21. Send children in care to boarding school
15 March 2006—The Times
Sir Cyril Taylor, chairman of the Specialist Schools and
Acadmies Trust said that the State should pay fees for
those children in care who chose to go to boarding school.
Sir Cyril said that boarding schools would provide valuable
educational opportunities for children and save public
money.
Back Next
Volume 1 Issue 1
22. Boy wash row legal threat lifted
14 March 2006—BBC News
See Staff, Employment & Disciplinary—item 54
23. Church abuse moves ‘are welcomed’
13 March 2006—BBC News
The government has welcomed the Catholic Church’s decision
to share all information on possible abuse of children
with the PSNI. The church in NI will be appointing a director
of child protection.
For full report click here
Consultations
24. A consultation on the registration of domiciliary
and residential social care workers
in England on the GSCC’s Social Care Register
16 February 2006—GSCC
The GSCC has launched a three month consultation on the
details of registration for all domiciliary and residential care
workers. This will cover issues including training requirements,
how registration will be enforced for domiciliary and
residential care workers and fee levels. The consultation
will be closed on 12 May 2006.
For full report go to www.gscc.org.uk
25. Healthcare Commission launches consultation
on delivery of the annual health
check in 2006/2007
See the following article section
CSCI, CSIW, Healthcare
Commission and Scottish
Care Commission
26. Guide helps people make choices about
care
15 March 2006—CSCI
The CSCI will be publishing a new report to help people
choose the right social care services. Copies of the guide
will be sent to every council in England so they can be distributed
to people looking for care service information.
For full report click here
27. Watchdog helps care homes to beat infections
14 March 2006—Care Commission
A high-powered task force will be taking direction from
health experts with Scotland’s care regulator to lead the
way with infection control. The link opens up an adobe
acrobat document.
For full report click here
28. Website puts people who use services
first
13 March 2006—CSCI
The CSCI have designed a new website after consulting
with people who use the services. The website includes
advice on how to choose and pay for care, and incorporates
a checklist to help people find the right care service
for them.
For full report click here
29. Healthcare Commission launches consultation
on delivery of the annual health check
in 2006/2007
13 March 2006—Healthcare Commission
The Healthcare Commission has launched its consultation
which will look at how it can stretch trusts to improve their
performance beyond key targets and core standards. The
watchdog will also ensure basic standards are being met by
the NHS and measuring of improved performance.
For full report click here
30. New best practice bulletins will target
care home meals
13 March 2006—CSCI
Best practice bulletins were launched today, with the aim of
helping care home managers provide better services to
their residents. The first bulletin focused on the National
Minimum Standards for meals and mealtimes in care
homes for older people.
For full report click here
31. NCMA asks—how qualified is your Inspector?
13 March 2006—NCMA
The question has been brought about, how qualified are
those people who come into our homes, after responses
received in reference to Inspectors’ attitudes when going
into care home establishments. Methods used by some
inspectors to gather information, in the way it is collected,
collated, analysed and interpreted is said to fall well short of
recognised procedures.
32. New Regulations ‘The Commission for
Social Care Inspection (Fees and Frequency
of Inspections) (Amendment) Regulations
2006’
6 March 2006—ARC
These Regulations will be coming into effect in April 2006,
allowing spot checks on care homes reported to be
‘performing badly’ as proposed in the original consultation
carried out in December 2005/January 2006.
For press notice click here
For summary of consultation click here
Education
33. Send children in care to boarding school
15 March 2006—The Times
See Children—item 21
Back Next
Volume 1 Issue 1
Legislation Update
34. Statutory Instrument 2006 No. 578
The National Care Standards Commission
(Commission for Social Care Inspection) (Fees)
(Adoption Agencies, Adoption Support Agencies
and Local Authority Fostering Functions)
(Amendment) Regulations 2006
For legislation click here
Mental Health
35. The Mental Capacity Act : Nomination of
a local area contact
16 March 2006—DoH
The Department of Health and the Care Services Improvement
Partnership are working together to implement the
Mental Capacity Act from April 2007, issuing a letter inviting
all directors of adult services in England to nominate a
contact for this work.
For full report click here
36. Doctor’s opinion does not bind administrator
16 March 2006—The Times
See Case Reports—item 17
Miscellaneous
Nothing to report
NHS
37. Home care to ‘cut NHS deficits’
19 March 2006—BBC News
The NHS is hoping to cut emergency admissions for
chronic illnesses by sending community nurses to care for
people with asthma and heart disease in their own home.
However, nursing leaders stated that there must be adequate
funding available to ensure staff levels can cope.
For full report click here
38. Open Wide
The Times—18 March 2006
Article looking at the effect of the new NHS dental contracts and
the crisis within the dental profession over the contracting process.
Less than £30million people have an NHS dentist, that number is
likely to grow rapidly in the lead up to the new funding arrangements
which become effective on 1 April 2006.
39. NHS and medicine by numbers
17 March 2006—The Times
Three letters appeared in ‘Letters to the Editor’ commenting
upon the perceived weakness in financial modelling by the
Treasury which fails to take issues of productivity properly
into account when making forecasts.
40. Hospital’s £15m shortfall to bring 1000
job losses
17 March 2006—The Times
To try to lessen worsening deficits in the NHS, as many as
a thousand jobs could be shed at a single hospital trust in
Stoke-on-Trent. The trust has launched a 90-day consultation
pocess said that it needed to save money to address
the deficit that emerged this year.
41. Big pay rises for 1400 dentists
The Daily Post
Rosie Winterton, the Health Minister announced a cash
boost for 1400 dentists currently providing care for children
and vulnerable groups. Salaried dentists who work directly
for primary care trusts will receive a 10% overall increase in
their pay.
42. Hospital trusts reduce deficits
15 March 2005—The Times
Hospitals to be awarded foundation status looks very likely
to double by March 2007 after major improvements in financial
management. A combined deficit of £23million,
reported nine months ago at three foundation trusts—
Bradford, Peterborough and Stamford, and Royal Devon
and Exeter is reported to have reduced to £0.4 million.
43. Widow, 93, died after address blunder
14 March 2006—The Times
An NHS trust and its ambulance service are facing a big
fine after taking a patient to the wrong house. Mary Purnell
was left in the front room of another house after the driver
let her in with a key that was found under the doormat, Mrs
Purnell who suffered from dementia broke her leg while
trying to leave the house. She died five weeks later in hospital.
Older People
44. More older people to be given choice to
live at home
20 March 2006—DoH
Just weeks after the launch of the Our Health, Our
Care, Our Say White paper pledging to give more
choice to people, the Government has launched an
£18.5m project to help shift funding away from institutional
and hospital-based crisis to give more older
people the choice to live at home for longer.
For full report click here
45. Honest look at last taboo
The Times—18 March 2006
Actor and presenter, Tony Robinson, who previously spent
four years on Labour’s National Executive Committee explains
his concerns, fears and anger at the way in which
society cares for older people with dementia. Drawing attention
to a television broadcast ‘Me and My Mum’ to be
broadcast on 27 March 2006 Channel 4 which follows the
deterioration of his mother’s health leading to her death.
Back Next
46. Age Concern response to LGA announcement
of a £1.76 billion shortfall in social
care funding
16 March 2006—Age Concern
Gordon Lishman, Director-General of Age Concern has
said that the report shows a large hole between what is
really happening on the front line and the Government’s
aspirations. Older people are already missing out on vital
services due to under-funding. Less is already spent per
person on social care for older people than any other age
group, this means they can and are denied basic services
vital for their independence and dignity.
47. New findings demonstrate elder abuse is
still rife
13 March 2006—Action on Elder Abuse
See Abuse—item 2
48. Call to protect vulnerable adults
13 March 2006—BBC News
See Abuse—item 2
Scotland
49. Care home owner’s closure claim
17 March 2006—BBC News
See Care Homes—item 8
50. Care home costs outstrip inflation
16 March 2006—The Herald
See Care Homes—item 9
51. Foster’ plan for elderly people
16 March 2006—BBC News
See Social Care—item 53
52. Watchdog helps care homes to beat infections
14 March 2006—Care Commission
See CSCI, CSIW, Healthcare Commission and Scottish Care
Commission—item 27
Social Care
53. ‘Foster’ plan for elderly people
16 March 2006—BBC News
Sutherland is to try a ‘foster’ scheme where families will
receive payment for taking elderly people into their homes
and caring for them. Depending upon the level of care required,
families could be paid between £250 and £400 a
week under the scheme.
For full report click here
Staff, Employment & Disciplinary
54. Boy wash row legal threat lifted
14 March 2006—BBC News
An investigation has concluded that staff acted correctly
after stripping and showering a disabled boy after staff said
he smelled of urine. His mother removed him from Woodlawn
Special School in Whitley Bay and faced legal action
for keeping him off school
For full report click here
Wales
55. Welsh drop commitment on disability
23 February 2006—Health Service Journal p.12
The Welsh Assembly has dropped its manifesto commitment
to provide free personal care for disabled people.
when new costings showed that it could not afford its plans.
Originally due to spend £50m over three years the Assembly
got “cold feet” after a costing of the policy by Sterling
University. The Scottish Executive spent its first year’s
entire budget in just nine months!!
CHILD ABUSE—Who perpetrates
it? Who pays for it?
The recent banner headlines of yet another Roman Catholic
priest being convicted of the serious sexual abuse of
pupils, the award of almost half a million pounds to a man
known only as ‘A’ in his claim against the Archbishop of
Birmingham for the sexual offences committed by a parish
priest over a period of 10 years. And the revelations in
John Peel’s autobiography of his rape, whilst a boarder at
public school undoubtedly creates the impression that
abusers are male, priests and/or school-teachers. However,
such a view, whilst understandable would be wide of
the mark. Contrast that with abuse which occurs in an
educational setting such as a boarding school; where pupil
victims are likely to come from affluent and stable homes,
in which they are nurtured and cherished, and where the
expectation is that they will develop into successful, well
balanced members, leaders even, of wider society.
Similarly, those children who fall victim of the improper
attentions of a priest are not infrequently thoughtful, caring
individuals who have not only a keen interest in their faith,
but who might generally be expected to be respectful of
authority and lacking in a rebellious or anarchic streak. A
trait one may sometimes associate with children in care -
another unsatisfactory stereotype.
For victims who come from what many would regard as a
privileged background, proving causation, whilst not easy,
is less problematic than it might be for those abused when
in the care of a local authority.
However, both groups do have the considerable hurdle of
the Statute of Limitations which provides that claims for
personal injury – which includes physical injury as well as
psychological and emotional injury – must be brought
within three years of the event causing the injury; the
abuse.
Where injury has been suffered by a child, the child has in
effect until his or her 21st birthday to bring a claim in the
courts.
There are exceptions to the rule; for example, where the
victim has continuous, serious mental health problems that
are so serious the person can not reasonably be regarded
as a ‘responsible adult’ – the limitation will not apply at all.
Also, where a victim does not realise that his or her injury is
attributable to the events in question, always provided that
once they do become aware of the cause he brings his
claim promptly thereafter.
However, for those victims whose claims have become
‘time barred’ as it is termed, they may nevertheless seek
compensation from the government through the Criminal
Injuries Compensation Scheme.
The Scheme has power to make a monetary award of between
£1,000 and £250,000 for the injury, depending upon
its severity. There is also the possibility of other awards in
respect of, for example, loss of earnings. Government is
currently reviewing the Scheme and whilst it’s likely to be
modified in 2006 any changes are not likely to adversely
impact these issues
Claims made under the Scheme must fulfil a number of
criteria:
1. the event causing injury must have occurred after 1st
Aug 1964
2. the event causing injury must have been reported to
the police
3. the application under the Scheme must be submitted
within two years of the date of the incident.
In relation to this two year period, the Scheme does have
discretion to extend the period where it is both REASONABLE
and in the INTERESTS of JUSTICE.
So, what’s reasonable? It is not always easy to say, but, in
the Scheme’s booklet ‘Child abuse and the criminal injuries
compensation scheme’ published in June 2004 it says:
‘…we do understand that you may not be able to report the
incident for many years after the abuse took place…’
From that it would appear there will be quite a bit of latitude.
What about ‘in the interests of justice’? In this context it
means that, in relation to the seriousness of the injury, it will
not be too difficult to get reliable evidence.
For victims of child abuse, it can be important to their wellbeing
and recovery to secure recompense even if they are
not able to have an apology
And for those victims who have little or no prospect of recovering
damages from the abuser or the abuser’s employer
one can see that, whilst not easy, a claim can be
made against the Criminal Injuries Compensation Scheme
which avoid some of the hurdles mentioned earlier and
claims are usually processed more quickly than they would
through the courts.