Editorial
We have seen several government scandals unfold
relating to the lists of those barred from working with
children and vulnerable adults – no doubt everyone
recalls the Ruth Kelly debacle when her department
was not able to confirm the numbers of paedophiles
and sex offenders who, notwithstanding they were
barred from working with children, were nevertheless
allowed them to do so.
The latest scandal to break this weekend centres on
the Home Office and the Criminal Records
Bureau. It seems that almost 1,500 people who
wished to work in the health and social care sector
were prevented from doing so because they had
allegedly been convicted of a variety of crimes.
These people are desperately needed in the sector.
The Government’s response some may think was
high handed and arrogant. Tony Blair was reported
as having said in relation to the errors that it is better
to be safe than sorry.
For me, more worrying is the fact that this story
identifies only errors which wrongly label someone
as a criminal; what about those criminals who are
not identified as such in CRB Disclosures?
e his speech.
Parliament
22 May 2006 – House of Lords, Safeguarding
Vulnerable Groups Bill, Amendments
House of Lords – Health Bill, further
consideration.
23 May 2006 - House of Commons – Education &
Inspections Bill – Remaining stages
For further items, click here
Next
Abuse
1. Top priest told to retire as Pope toughens
stand on child abuse
20 May 2006—The Guardian
Pope Benedict ordered one of the Roman Catholic
church’s most influential figures, currently facing multiple
allegations of sex abuse, to give up his ministry
and retire to a life of “prayer and repentance”.
86-year-old Father Marcial Maciel only escaped full
trial in an ecclesiastical court because of his advanced
age and frail health.
2. Government to help care providers stamp
out abuse by workers
17 May 2006 – DoH
The new Care Services Minister, Ivan Lewis has
pledged the Government’s support to help care providers
stamp out abuse by workers by issuing a stepby-
step guide underlining social care providers’
statutory obligation to report abuse incidents. Ivan
Lewis also indicated that he was launching a new
section of the Department of Health website devoted
to ‘Dignity in Care’.
For full report click here
3. Worried paedophiles make most calls to
child abuse line
15 May 2006 - The Times
Analysis of calls to ‘Stop It Now!,’ a telephone
helpline, over the past three years shows that 45% of
calls are from abusers or potential abusers concerned
about their sexual feelings or behaviour towards
children.
The report is due to be published next month.
4. World Elder Abuse Day - 15 June 2006
15 June 2006 has been designated by the International
Network for the Prevention of Elder Abuse
(INPEA) as ‘World Elder Abuse Awareness Day’
backed by organisations such as the United Nations
and the World Health Organisation. The day’s objective
is to help people understand what elder abuse is,
and what steps can be taken to prevent it.
Please can you cascade this down in your organisation.
AEA are trying to reach as many people
as possible.
On the website is an Information Pack for organizations.
They also have one for the General Public.
AEA is organising a series of events to commemorate
World Elder Abuse Awareness Day on Thursday
June 15 2006, such as a skydive, a team of runners
in the British 10k, information stalls and collections
at Croydon and Sutton town centres and a lecture
in partnership with the Institute of Gerontology at
King's College London.
A host of individuals and organisations are also getting
involved with the day. AEA have had a great response
from care homes, sheltered housing
schemes, adult protection co-coordinators, local
councils and PCTs who are all getting involved, be it
through a coffee morning or holding an open day.
They are also asking the general public to help with
the campaign.
AEA is also launching a campaign for the day,
and they would like you to write to:
• your GP, to enlist their help in raising awareness;
• your local MP, requesting that direct funding be
provided for adult protection services; and
• your local regulator, asking for more regular inspections
of all homes rather than less and for an
improvement in the distribution of medicine to residents.
For more details click here
Business News
5. CareUK
22 May 2006—Care UK
Care UK announced its trading statement for the six
months to 31.03.06. The high lights are that turnover
at £93.3m is up 18% on the same period last
year. Profit before tax and amortisation was up 10%
at £5.7m.
For full report click here
6. £300m PFI superhospital
17 May 2006 – The Herald
A $300m Scottish hospital has been announced, to
replace Falkirk and Stirling Royal infirmaries. It will
consist of a village of buildings and house 800 beds,
and will be the biggest private finance project of its
kind in the country.
Care Homes
7. Apology in care home closure plan
16 May 2006 – BBC News
Staffordshire County Council has apologised for distress
caused over plans to close homes for the old
and disabled, after a cabinet meeting heard that
there had been “insufficient action” to involve people
directly affected by proposed changes.
For full report click here
8. Arsonists set fire to care home
15 May 2006 – Cambridge Evening News
Cottenham Court Nursing Home in Cambridge had to
evacuate four residents after a fire broke out. Investigation
by firefighters revealed that the fire had been
started deliberately. No-one was hurt.
Case Reports
9. Carer Jailed
15 May 2006—The Evening Chronicle
Cindy Lockett, a care worker has been jailed for eight
months after stealing a disabled widow’s life savings.
The 79-year-old woman suffers from severe arthritis
and Lockett, 42, systematically siphoned off thousands
of pounds from her savings.
10. Watts
The Court of Appeal had asked the European Court
of justice for guidance on interpretation of European
law, as a result the ECJ decided that the NHS must
refund the cost of foreign care in circumstances in
which patients face enduring ‘undue delays’ for surgery
in Britain.
Mrs Watts had a £3,900 replacement hip operation in
France when Bedford Primary Care Trust said that it
would not reimburse the cost. The Court did not
award her the £3,900 as it said that whether the delay
she faced was ‘undue delay’ should be decided by
the British courts.
So, this matter is not yet over, but, perhaps it is in the
final few furlongs.
11. Hulme v Director of Public Prosecutions
The Magistrates were entitled to conclude that, on the
evidence before it, a woman who suffered from a
mental disorder was unable to refuse to be touched
sexually for the purpose of the Sexual Offences Act
2003.
Children
12. Child protection scheme trialled
20 May 2006 – BBC News
Scotland’s child protection system is piloting a new
system to create a computer file for every child in the
Highlands. From 3 September, teachers, police and
social workers will then be able to access the files
which will be kept “live” on each child until they reach
16 years old. The new measures are part of the
Scottish Executive’s programme called “Getting It
Right For Every Child”.
For full report click here
13. Couple 'abused foster children'
19 May 2006 – BBC News
A gay couple originally approved as foster carers by
Wakefield Council in July 2004 have been found
guilty of abusing vulnerable boys placed in their foster
care. The jury will be deliberating further charges on
Monday 22 May.
14. People who download child pornography
may pose low risk to children, says expert
18 May 2006 – Community Care
Sex crime expert Ray Wyre has said that people who
download child pornography may pose a low risk to
children and should be assessed accordingly. He
stated that police are "not gathering evidence in a
way that can confirm low or high risk," and that “the
rights of offenders’ own children must also be considered”.
For full report click here
15. Harman launches proposals to improve
systems for taking children into care
18 May 2006 – Community Care
New proposals have been announced to ensure that
the welfare of children is at the heart of the processes
involved in taking a child into care. The "Review of
the Child Care Proceedings System in England and
Wales" was published by Constitutional Affairs Minister,
the Rt Hon Harriet Harman QC MP and parliamentary
under secretary of state for children and
families, Parmjit Dhanda MP.
For full report click here
16. Hughes admits more is needed to be
done to support looked-after-children
18 May 2006 – Community Care
Children's minister Beverley Hughes today admitted
that the government has to do more to support
looked-after children because the difference between
the outcomes for looked-after-children and other children
was "completely unacceptable".
For full report click here
17. Child care proceedings under the Children
Act 1989
18 May 2006—DCA
A report reviewing studies of child care proceedings,
and was commissioned as a briefing paper for the
Child Care Proceedings Review. Key findings include
the seriousness of the cases which come before the
courts, involving vulnerable parents often with chaotic
lifestyles and health problems.
For full report click here
18. Nursery staff in E.coli refresher
18 May 2006 – BBC News
Staff at an Aberdeenshire nursery have been volunteered
for refresher training after two children took ill
with suspected E. coli O157 at the nursery. Test results
whether or not E. coli 0157 is present at the
nursery will be available soon and the two children
have since been discharged from hospital.
For full report click here
19. Regulator‘s Summit with Nursery Chain
in E-Coli Outbreak
17 May 2006 – Care Commission
For full report – see CSCI, CSIW, Healthcare Commission and
Scottish Care Commission – item 43
20. E coli nursery outbreak blamed on failure
to follow basic hygiene rules
Scotsman – 17 May 2006
According to a leading NHS official, poor hygiene
standards were to blame for the outbreak of deadly E
coli at a Fife nursery. Hand-washing was also pinpointed
as one basic fundamental to be checked.
The total includes two more possible cases of E coli
infection that emerged at a second nursery in Dunfermline,
based at Lynburn Primary School. One
child who attended both the Careshare and Lynburn
nurseries was confirmed as having the E coli 0157
infection, but has been allowed to remain at home.
Four of the nine confirmed cases are at Glasgow's
Yorkhill Hospital, where their condition was yesterday
said to be stable.
The number of possible and confirmed cases has so
far risen to 37. The most likely scenario quoted has
been that an adult or child got infected outside the
nursery and led to person-to-person spread within the
nursery. The Lauder nursery had already been criticised
by the Care Commission over its infection control
procedures in January this year. Its failure to address
highlighted problems could lead to enforcement
action backed by the threat of compulsory closure.
21. Money spent on learning difficulties services
does not improve lives
17 May 2006 – Community Care
For full report see Learning Disabilities—item 52
22. Mainstream schools can’t manage special
needs pupils, say teachers
17 May 2006 - The Times
For full report see Learning Disabilities—item 53
23. Childcare Provider Details XML Schema
16 May 2006 – UK Gov Talk
A schema designed to be used for overview information
(such as search results) of childcare providers,
as well as comprehensive details such as type, opening
times, contact details, facilities and costs. It
makes use of existing address and contact structures
to keep it as interoperable and accessible as possible.
For full report click here
24. NSPCC Launches 'Don't Hide it' Sex
Abuse Campaign as Rape Reports to Child-
Line Reach New High
15 May 2006 - NSPCC
The NSPCC has launched a major campaign against
child sexual abuse after the latest figures from Child
Line have revealed that rape is the type of sexual
harm most reported to it by children. Over eight and
a half thousand calls about sexual abuse were made
last year and just over half the calls (51%) were about
rape.
For full report click here
25. Worried paedophiles make most calls to
child abuse line
15 May 2006 - The Times
For full report – see Abuse – item 3
Conferences & Courses
26. The Future of Childcare Provision: Inspection and
Regulation Under the Childcare Bill
25 May 2006, Central London
If you would like to book a place please e-mail
dave.eastman@capita.co.uk or fax the relevant booking
form to 0870 165 8989.
27. Active Third Age – Enabling Access to
Work Opportunities, Guidance and Employment
for Older Workers
25 May 2006 - Central London
Key Speakers include:
Professor Stephen McNair, Director, Centre for Research
into the Older Workforce
Elizabeth Farmer, Director, Positive Experience
Andrew Harrop, Policy Manager, Age Concern
Chaired by: Baroness Greengross, Chief Executive,
International Longevity Centre UK
Mervyn Eastman, Chief Executive, Better Government
for Older People
To see a full conference brochure for this event, including
a full list of speakers and a booking form,
please click here. If you have problems with this link
or need any further information, please call Dave
Eastman direct on 0207 808 5309.
28. Commissioning Getting it Right for Everyone
1 June 2006—ECCA
Venue : Manchester Conference Centre, University
of Manchester
Audience : Directors of Social Services, Finance
Directors, Planning & Commissioning Managers in
Social Services, SHAs & PCTs, Independent Care
Home Providers, Independent Home Care Providers,
Patient & User Groups, Lawyers, Banks & other Finance
Institutions and Care Contracting Officers.
Speakers : David Behan (CSCI), Penny Banks
(Kings Fund), John Dixon (ADSS), Martin Green
(ECCA)
For further details click here
29. Quality Care for Older People: funding
and finance for the future
8 June 2006, central London
Counsel and Care’s forthcoming conference will take
place on . Sir Derek Wanless will give his thoughts
on the future of social care funding alongside the
new Minister for Social Care, Ivan Lewis. For details
and booking arrangements, see
www.neilstewartassociates.com/sh207
30. David Cameron to address providers
23 June 2006, near Oxford
David Cameron is to meet with providers at this
CareTalk event. Organisers Julia Barnes and Andrew
Parffrey said "If you believe that Care must be
available, affordable and accessible to all, come and
put your points to The Right Honourable David Cameron
and other WATCH panellists".
For details of how to get involved click here...or email:-
ssscaretalk@hotmail.com
and please forward to other Providers now!
31. OLDER PEOPLE’S ADVOCACY ALLIANCE
(OPAAL) UK
19 July 2006, Paragon Hotel, Birmingham
A national conference to present the findings of the
OPAAL national development project, with an opportunity
to contribute to the final report.
Booking form and agenda
Workshop descriptions
32. The Care Show
Birmingham NEC—25 & 26 October 2006
Bournemouth BIC—20 & 21 March 2007
Details : 01425 470666
www.careshow.co.uk
33. NCA Announces Early Details Of Their
Annual Conference
The 2006 NCA Annual Conference and Exhibition will
be held on 1 and 2 November 2006 at the Britannia
International Hotel in the heart of London’s Docklands.
The NCA’s annual conference is seen as a crucial
fixture in the independent care homes sector calendar,
at which care home owners, key MPs and care
industry specialists gather to discuss the state of the
care industry.
The Conference Agenda is almost complete and
speakers already confirmed include David Behan,
Chief Inspector of the Commission for Social Care
Inspection (CSCI) and Rodney Brooks, Chairman of
the General Social Care Council (GSCC).
Sheila Scott Chief Executive NCA said today: “I am
delighted to say that Professor Ian Philp, National
Director for Older People’s Services at the Department
of Health, has confirmed that he will be one of
the keynote speakers.”
Professor Philp, has responsibility for implementing
the national service framework for care of older people
in England with a brief to stamp out ageism in the
NHS.
34. NCA delighted to announce that the New
Minister for Social Care Ivan Lewis MP is to
Address NCA Annual Conference on 1 November
2006
16 May 2006 – NCA
NCA have announced today that the new Minister for
Social Care, Ivan Lewis MP has agreed to address
NCA’s Annual Conference at 9.30am on Wednesday
1 November 2006 at the Britannia International Hotel
in London.
Attendance at the conference is open to all and further
information and a booking form can be obtained
from NCA, 45-49 Leather Lane, London EC1N 7TJ,
0207 831 7090. infor@nca.gb.com or
www.nca.gb.com
Consultations
35. Consultation on amendments to the Care
Standards Tribunal Regulations
Closing Date: 2 June 2006
This consultation seeks views on a new set of Care
Standards Tribunal regulations, including reviewing
disqualification orders and appeal periods for childcare
providers and social workers.
For consultation click here
36. Code of Practice for the Mental Capacity
Act 2005: A consultation
Closing date: 2 June 2006
A consultation inviting comments on content and
style from all interested parties on the draft Code of
Practice, which is to provide guidance and information
for those working with or caring for those who
cannot make decisions for themselves, or those who
have a limited capacity to do so without assistance.
Press release:
For press release click here
For consultation click here
37. Have your say on assessing healthcare
services
Closing date: 5 June 2006
A consultation on plans for developing the annual
health check and proposed approach to assessing
the performance of NHS trusts in 2006/2007. Feedback
is also welcome on proposals for measuring
improvement in NHS organisations relating to the
Government’s developmental standards, designed to
drive up the quality of care for patients.
For consultation click here
38. Consultation on the Strategy for a Scotland
with an Ageing Population
Closing date: 5 June 2006
Scottish Executive consultation on Scotland's ageing
population. The Executive plan to develop a strategy
for Scotland's ageing population and are asking for
views on how older people's contribute to society,
older people and work, services for older people,
health and well-being, and housing, transport and
surroundings. Responses should be submitted to:
Nicole.ronald@scotland.gsi.gov.uk
Or: Nicole Ronald, Scottish Executive, Area 2G(S),
Victoria Quay, Leith, Edinburgh, EH6 6QQ
For consultation click here
39. Plans to amend the Mental Health Act
1983 - Race Equality Impact Assessment
Closing date: 6 June 2006
Under the Race Relations (Amendment) Act 2000,
public authorities (in this case the Department of
Health) are required to undertake a race equality impact
assessment of new policies and functions. The
consultation is for people or organisations who wish
to take part in the impact assessment of the Department's
proposals to amend the Mental Health Act
1983.
For consultation click here
40. Department of Health draft simplication
plan
Closing date: 20 June 2006
A draft plan setting out how to streamline data gathering,
reconfiguration of DoH’s arms length bodies and
a wider review of health and social care regulations
aiming to balance patient safety with reducing administrative
burdens amongst other points.
For consultation click here
41. Health services for young people
Closing date: 10 July 2006
A consultation inviting comments and proposals on
how best to deliver children and young people’s
health services. The Action Framework for Children
and Young People’s Health in Scotland is aiming to
be a one-stop shop for everyone involved in caring
for Scotland’s children.
For press release click here
For consultation click here
42. Guidance on the role of Director of Adult
Social Services: Consultation outcome
16 May 2006 – DoH
Launch date: 21 March 2005
Closing date: 28 July 2005
Outcome published: 15 May 2006
Describing the outcome of the Department's consultation
on the role of the Director of Adult Social Services
and includes statutory and best practice guidance
on the post.
For full report click here
CSCI, CSIW, Healthcare
Commission &
Scottish Care Commission
43. Regulator‘s Summit with Nursery Chain in
E-Coli Outbreak
17 May 2006 – Care Commission
The Care Commission is carrying out a detailed review
of infection control procedures at all nurseries
run by the company at the centre of the Dunfermline
E-coli outbreak. Careshare, an operator of 21 nurseries
across Scotland, has also been advised it will face
a series of spot checks to ensure staff are doing everything
they can to prevent the spread of infection.
For full report click here
44. Memorandum of Understanding between
HM Inspectorate of Prisons and the Healthcare
Commission
16 May 2006 – Home Office
A document detailing the framework agreed by HM
Inspectorate of Prisons and the Healthcare Commission
for co-operation and communication in relation to
the inspection of health services in places of detention.
For full report click here
45. CSCI highlight foster care recruitment
crisis
15 May 2006 – Care Commission
After a publication of a new report showing that repeated
upheaval traumatises children, the Commission
for Social Care Inspection has challenged fostering
agencies to prioritise the recruitment and retention
of foster carers. The report, entitled The
Right People for Me—Helping Children Do Well in
Long-Term Foster Care, revealed that over one in
ten (13%) of all children in foster care faced the upheaval
and instability of being moved from one place
to another three or more times during a single year.
It argues that many children in foster care have been
traumatised by difficult histories, separation and loss,
and concludes that finding the right foster carers who
can look after these children for more than just a few
months at a time is vital.
46. First National Report on the Quality of
Childminding in Scotland
15 May 2006 – Care Commission
The Care Commission have revealed their findings
on the quality of Childminding in Scotland, one of the
nation’s most important childcare services. Thousands
of families rely on childminders on a daily basis,
but there has never been a clear picture of the
state of this vital sector.
For full report click here
Education
47. Cameron urges active parent role
20 May 2006 – BBC News
David Cameron, leader of the Conservatives has
backed a call by the chief inspector of schools for
parents to take a more active role in their children’s
lives. He said that parents should ensure children
were not staying up late, and therefore too tired to
attend school.
For full report click here
48. Money spent on learning difficulties services
does not improve lives
17 May 2006 – Community Care
For full report see Learning Disabilities—item 52
49. Mainstream schools can’t manage special
needs pupils, say teachers
17 May 2006 - The Times
For full report see Learning Disabilities—item 53
50. School 'is failing my daughter'
16 May 2006 – BBC News
A report commissioned by the National Union of
Teachers has highlighted problems that schools have
coping with children who have special education
needs. Michelle Chambers is in agreement, she feels
that her daughter’s school is not meeting her needs.
According to school records, six-year-old Jade has
been physically restrained numerous times this year
already, and they kept indicating that she was difficult.
Mrs Chambers called in the police who concluded
no criminal intent, and she is taking action
through a disability discrimination tribunal.
For full report click here
51. School inclusion 'can be abuse'
16 May 2006 – BBC News
John MacBeath of Cambridge University has said
that including children with special education needs in
mainstream classrooms could be classed as “a form
of abuse”. MacBeath co-wrote the report for the National
Union of Teachers, the Cambridge report,
called The Costs of Inclusion.
For full report click here
Learning Disabilities
52. Money spent on learning difficulties services
does not improve lives
17 May 2006 – Community Care
Carl Poll has challenged councils to be “more creative”
in the way they tailored services for learning difficulties
services. He argued that current learning difficulties
spending was "fantastically wasteful" when it
was used for residential care and out-of-area placements
that did not give people "quality of life".
For full report click here
53. Mainstream schools can’t manage special
needs pupils, say teachers
17 May 2006 - The Times
John MacBeath one of the authors of a report written
by academics at Cambridge University and issued by
The National Union of Teachers has described the
policy of inclusion of children with special needs in
mainstream education in some cases amounts to ‘a
form of abuse’ where they are placed in totally inappropriate
schools.
The report marks the dramatic reverse by the NUT of
decades of support for inclusion.
54. Interview with new learning difficulties
tsar Nicola Smith
15 May 2006 – Community Care
An interview with Nicola Smith, recently appointed as
a government learning difficulties tsar, her post is the
first of its kind for a person with learning difficulties.
She will work alongside Rob Greig, the current national
co-director for learning difficulties.
For full report click here
Legislation Update
Nothing to report
Mental Health
55. King's Fund responds to Department of
Health commissioned report on mental
health services
19 May 2006 – King’s Fund
The King’s Fund senior fellow in mental health Simon
Lawton-Smith adds his comments on the independent
report commissioned by the Department of
Health on investment in mental health services.
For full report click here
56. College faces fight on adult cuts
19 May 2006 – BBC News
Lecturers and students have combined forces to fight
against the withdrawal of college courses for people
with mental health problems in Cornwall. About 80
full and part-time jobs are to go after cuts in adult
and community learning.
For full report click here
57. Supporting People services need to
move on to meet needs of people with mental
health problems
18 May 2006 – Community Care
The Supporting People programme has been told
that it focuses too much on moving people on from
their supported accommodation, when the support
services that should be moved on instead. This
came to light on a programme session run by mental
health charity Rethink during Community Care Live.
For full report click here
58. Appleby calls for race equality assessment
on amended mental health act
18 May 2006 – Community Care
The government hasn’t yet decided whether it will
carry out a race impact assessment on the amended
mental health act or just the proposed amendments.
Mental health tsar Louis Appleby said he would prefer
a race equality impact assessment on the whole
amended act but added that "Whatever we do about
this issue mustn’t impact on the timetable for bringing
in new mental health legislation."
For full report click here
59. The 2005/06 national survey of investment
in mental health services
17 May 2006 – DoH
A report showing details of the level of investment in
adult mental health services in England for 2005-06
and compares it with the results reported in previous
years.
For full report click here
60. Policy briefing: NHS investment in mental
health services (2005/06)
17 May 2006 – DoH
A policy briefing outlining the key findings from a oneoff
survey of strategic health authorities carried out by
the Department of Health in December 2005. The
survey was undertaken to establish whether NHS
organisations had maintained their agreed investment
levels during 2005-06.
For full report click here
Miscellaneous
61. Hundreds wrongly dubbed criminals
21 May 2006 – BBC News
It has been revealed that nearly 1,500 people have
been wrongly labelled as criminals by the Criminal
Records Bureau. The mistakes had led to some people
being turned down for jobs or university places.
The Home Office stated that when personal details
were similar to a recorded conviction, errors arose,
but that it represented “a tiny proportion of cases”.
The Home Office also said it would not apologise for
“being cautious”.
For full report click here
62. Branded as criminals
21 May 2006 - The Mail on Sunday
21 May 2006 - BBC Radio news bulletins
Report that nearly 1,500 people have been wrongly
branded as criminals through the CRB Disclosure
procedure. The errors have led to people being refused
jobs and university courses.
Two individuals had their stories highlighted, Emma
Budd a 19 yr old who was Disclosure asserted she
had criminal convictions, after attending a police station
and having her fingerprints taken she was
cleared by the police, but, to her amazement, when
later she applied for another job, again her prospective
employers were told she had convictions. She
complained that police blamed CRB and CRB blamed
the police. ‘Nobody would take the blame’. It has
taken two years to clear her name.
David Mansfield’s story is that he was prevented
from working with learning disabled children because
of alleged convictions for selling hardcore pornography.
He said ‘you find you’re dealing with nebulous,
faceless bureaucracy…it was hard getting replies…
Eventually, the CRB admitted they had made a mistake
and sent me £150 as an ex-gratia payment, but
there was no apology’.
HANDY HINT: if one suffers quantifiable loss
(such as loss of wages) as a result of the negligence
of someone else (such as the Home Office)
one is entitled to compensation. In such
circumstances one can reasonably expect to recover
the amount of the loss itself. In an employment
context this is likely to far outstrip the
amount of the ex-gratia payment which Mr Mansfield
recovered.
63. Goldsmith Appeal over discredited expert
20 May 2006 - The Daily Telegraph
The Attorney General is seeking to challenge the
decision overturning the finding by the General Medical
Council of misconduct against Prof Sir Roy
Meadow whose error led to the wrongful conviction
of Sally Clarke for the murder of her children.
Mr Justice Collins judgement in relation to Meadow
was that an expert giving evidence in court should be
immune from disciplinary proceedings initiated by
anyone other than the trial judge – the Attorney General
is seeking to challenge that principle.
For BBC report click here
64. Errors block benefits to disabled
20 May 2006 – BBC News
A Radio Five Live investigation has found that nearly
80,000 sick and disabled people a year are being
denied benefits because some medical reports are
unreliable or inaccurate. As a result, many have had
to challenge the decisions to obtain benefits to which
they are entitled.
For full report click here
65. May 2006 - BMJ
Heart failure is a common cause of illness and death
among the elderly, they say. “Even a small increase
in the risk can translate into a significant disease burden
in the general population,” they conclude.
66. New inquiry into Scottish 'tsars' amid
concern over rising costs
16 May 2006 – The Scotsman
Scotland has now launched an investigation into the
ever-growing number of powerful and expensive
“tsars” being appointed. Five more ‘tsars’ are in the
pipeline, but a new ‘tsar’s tsar’ will be appointed to
tackle the problem of what to do about all the other
‘tsars’. The new appointment will also investigate the
country’s expanding list of quangos, inspectors and
others.
67. Do you show entertainment videos and
DVDs within your Care Home?
15 May 2006 - MPLC
If you show home entertainment videos or DVD films
without a proper licence, you may be infringing the
Copyright, Designs & Patents Act 1988. Films shown
within communal lounges, staff rest-rooms or waiting
areas for tests or treatment, are considered ‘public
performance’ as defined in the Copyright, Designs
and Patents Act 1988.
Please note:
Videos/DVDs viewed at a residential location, within a
resident’s own private room, are seen as home use
and would not require a licence.
The MPLC can also be found on The Patents Office
website at www.intellectual-property.gov.uk as a
recognised supplier of the MPLC Umbrella Licence®,
the simple, economical copyright solution.
For further information go to www.mplcuk.com, or
Tel:01323 649 647 for a licensing quotation.
68. Changes to Sex Discrimination Legislation
: explaining the Employment Equality
(Sex Discrimination) Regulations 2005
15 May 2006 – Gov.uk
A general explanation of the changes to sex discrimination
legislation in Great Britain, which came into
effect on 1 October 2005. It is aimed at employers,
providers of vocational training and those with responsibility
for office holders. However, it may also be
helpful to individuals, employee representatives and
advisers.
For full report click here
69. Sack the officials, not ministers
15 May 2006 - The Times
The left-wing think tank, Public Policy Research is
due to publish a report in July 2006 saying ministers a
frustrated the performance of the Civil Service and
the way it ‘ducks accountability’. Top civil servants
should be more accountable for their performance,
such as in the NHS.
70. Agency promotes healthy eating for
young and old
FSA News Issue 57, May 2006
The Food Standards Agency Northern Ireland is continuing
to develop new initiatives as part of an ongoing
campaign to promote healthy eating messages to
young and old people across Northern Ireland.
One strand of this is a grants project, run by
ESANP’s Consumer Choice and Food Standards
Division, to support local initiatives designed to inform
older people.
One project that recently benefited from an FSA
Northern Ireland grant was a healthy eating event
run by Antrim Borough Council. More than 200 people
attended a cookery demonstration by celebrity
chef Jenny Bristow who provided some great ideas
for simple, nutritious one-pot cooking.
The chef also held a raffle for a lucky winner to take
home a full meal that she cooked in front of the audience.
Andrea Marnoch, FSANI Senior Policy Officer Diet
and Nutrition, said: ‘The importance of eating well for
the over 60s cannot be emphasised enough.’
‘This message is being given a particularly strong
focus in Northern Ireland and events such as these
provide not only an enjoyable day out for local senior
citizens but help to put across the message that eating
a healthy diet needn’t be too complex or costly.’
Keeping with the theme of healthy eating, FSANI
Nutritionist Cheryl White recently visited the Baby
Café in Bushmills to give a talk to mothers attending
the group on healthy food for their children.
NHS
71. Tory A-lister urges well-off to avoid burdening
NHS
21 May 2006 - The Sunday Times
Adam Rickett, former Coronation Street star,
and prospective Parliamentary candidate said he
does not want to burden the NHS and has health
insurance. He encourages those who can afford private
medical insurance to do so.
Editor: one hopes that the Tory leadership agrees
with Mr Rickett and that as part of the review of their
manifesto they will undertake to give tax relief to
those who effect private medical insurance.
72. PFI hospitals face huge overspend
19 May 2006 – BBC News
The government is set to ‘rein in’ spending on some
of the biggest hospital building schemes as they
threaten to run £4bn over budget. Two projects have
already been abandoned and three reviews have
made £297 of savings bringing the expected overspend
from delays to under £3bn. The Times newspaper
reported that it had figures showing the 18 biggest
schemes were running over £4bn at one point.
For full report click here
73. Review over demand for Herceptin
19 May 2006 – BBC News
In spite of a sit-in protest by campaigners, Shropshire
Primary Care says that it will not change its policy
regarding the funding of the drug Herceptin. The
trust will not fund the use of Herceptin for the early
stages of breast cancer unless there are "exceptional
circumstances" to do so.
For full report click here
74. NHS trust to axe up to 150 posts
19 May 2006 – BBC News
St George’s Healthcare NHS Trust in Tooting, South
London looks set to cut 150 jobs after it was told to
balance its books by the Department of Health, to
make an additional £10m of savings. Services would
be “unaffected” by the cuts, as most will be among
administration staff, and consultants hours will be cut.
For full report click here
75. Private GP deal decision reserved
19 May 2006 – BBC News
United Health Europe, chosen as a the preferred bidder
in January to take over the provision of GP services
in Derbyshire has had a High Court bid against
the move by a local resident. The High Court has
reserved judgment and the deal has not yet been
finalised.
For full report click here
76. 'Targets' triggering NHS bullying
18 May 2006 – BBC News
The British Medical Association has said that bullying
is rife within the NHS after a culture of “survival of the
fittest” has developed. The British Medical Association
has stated that one in seven NHS workers have
been bullied by colleagues and a survey of medical
students has found that one in four has been bullied
by other doctors and 16% had been bullied by
nurses. The BMA are calling for “zero tolerance” of
bullying.
For full report click here
77. Funding boost for NHS dentistry
18 May 2006 – DoH
Health Minister, Rosie Winterton announced a capital
investment of £100m over two years for NHS dental
practices and their patients. The money will be used
to modernise premises and equipments to improve
services to patients and allow PCTs to give more financial
support to help dentists establish practices or
to upgrade existing ones.
For full report click here
78. Thousands denied eye drug over NHS
costs
18 May 2006 - The Times
Front page article about a new drug treatment,
Macugen, for age-related macular degeneration
which NHS is refusing to patients as it is not yet approved
by National Institute for Clinical Excellence
(NICE).
This story has echoes of the wrangle between patients
and the NHS over the prescribing of Herceptin.
79. Nigerian dies amid heart battle
18 May 2006 – BBC News
A Nigerian woman visiting the UK has died during a
fight to have her moved up the NHS heart transplant
list. Ms Alabi came to Britain in September while
pregnant with twins, but fell ill and had to give birth in
Britain. This meant her visa expired and she was
given lower priority as a non-EU citizen.
For full report click here
80. GP surgeries 'bursting at seams'
17 May 2006 – BBC News
A survey has found that three-quarters of GP practices
are literally “bursting at the seams” and will not
be able to add any more services, one surgery in
particular reported that it used the staff room to administer
vaccinations. Ministers said that the findings
did not present the full picture.
For full report click here
81. Trust could axe 600 health posts
17 May 2006 – BBC News
Oxford Radcliffe NHS Trust has been accused of
failing to manage its budget effectively by the health
secretary, and as a result, may have to cut 600 posts
to save money. The statement was made during a
briefing to four MPs about plans to “reduce costs in
non-clinical areas”.
For full report click here
82. NHS to merge three county trusts
17 May 2006 – BBC News
Three out of Wiltshire’s four health care trusts will be
merged into one. From October, South Wiltshire,
West Wiltshire, and Kennet & North Wiltshire Primary
Care Trusts will be combined and work has started
already to get the new PCT in place, including the
appointment of a chairman and chief executive.
More than 80 management and administration posts
are at risk because the combined debt of West Wiltshire
and Kennet & North Wiltshire trusts amount to
£15.7m. Swindon PCT will not be affected.
For full report click here
83. NHS savings plan handed to bosses
17 May 2006 – BBC News
Lincolnshire’s health bosses have received details of
planned cutbacks to tackle its worsening NHS debt.
The plans are expected to be made public after the
Spring Bank Holiday, however a memo leaked to
BBC News suggest that night-time emergency services
could be reduced at Boston and Grantham.
Unison warned that up to 1,000 health jobs could be
lost.
For full report click here
84. Hospitals' cuts 'could hit jobs'
16 May 2006 – BBC News
The Derby Hospitals NHS Foundation Trust running
the Derby City General Hospital, the Derbyshire
Royal Infirmary and Children's hospitals have announced
that it needs to make £15m worth of savings
this financial year. Future staff redundancies cannot
be ruled out, however, they want to try to keep it to an
absolute minimum.
For full report click here
85. Appointment Reminders
In the wake of the press reports on the wasted hospital/
doctor appointments due to non-attendance,
here’s something that’s possibly new – as well as getting
a reminder letter from hospital for my appointment,
2 evenings before the day, I got a phone call to
ask if I would be attending hospital for my appointment.
86. More patients to get even better treatment
as new Primary Care Research School
launches
17 May 2006 – DoH
Health Minister Andy Burnham has launched a new
School for Primary Care Research programme, to
enable patients to receive even better care in primary
care settings and allow research into the huge range
of areas of professional practice relevant to primary
care for example, looking at everything from the
medicines a patient is prescribed, what tests should
be run on patients to what general advice should be
given about a condition.
For full report click here
87. More jobs go with health cuts
17 May 2006 - The Times
A further round of NHS redundancies reported as the
number of NHS Primary Care Trusts is to be cut by
50% and NHS Direct (the 24 hr ‘pone service) also
announced sweeping changes.
The Minister announcing the reorganisation, Andy
Burnham, said the changes would save £250m pa,
but that the initial cost of redundancies will be £320m.
From July the 29 ambulance trusts are to be merged
into 12.
88. Unhealthy Law
17 May 2006 - The Times
The editorial says that at face value the European
Court of Justice’s decision in Watts (see Case Reports—
item 10) seems simple enough and patients
win – if there is undue delay in a patient’s treatment
the patient can seek. Treatment overseas and recoup
the cost from the NHS. However, it heralds a
warning, that the court has expressed itself in such a
‘woolly’ way that it will be fertile ground for lawyers.
89. NHS told to fund treatment abroad
16 May 2006 – BBC News
The European Court of Justice has ruled that the
NHS must refund costs if patients were forced into
Europe as a result of being forced to waiting longer
than they should. The court ruling was for the case
of Yvonne Watts, 75, of Bedford, who paid £3,900 for
a hip operation in France. However, the court said in
her case, the UK courts would have to decide if she
got a refund.
For full report click here
90. Reorganisation of primary care and ambulance
trusts
16 May 2006 – DoH
This webpage gives information on how primary care
trusts (PCTs) and ambulance trusts are to be reorganised.
It also provides maps of current and new
PCTs for each region of England.
For DoH press release click here
For DoH webpage click here
For BBC report click here
91. Hundreds face axe at NHS direct
16 May 2006 – BBC News
NHS Direct has proposed to close 12 of its smaller
call centres, expand others and cut nearly 800 posts
to help balance its books. It will be consulting staff
over the next three months and is aiming to save
£15m through the measures. NHS Direct currently
deals with 25,000 calls every day, and was set up in
1997 to help give medical advice to people on how to
deal with symptoms and to direct them to the correct
place in the event of an emergency.
For full report click here
92. Chocolates are the latest measure of satisfaction
with the NHS
16 May 2006 - The Times
Article on the new patient satisfaction survey
launched by The Royal Cornwall Hospital NHS Trust
of nurses recording gifts they receive from grateful
patients. The new audit was described by Howard
Catton, head of the Royal College of Nursing as
‘about as useful as a chocolate teapot’.
93. Ex-health boss justifies new firm
15 May 2006 – BBC News
Trevor Molton, a former health chief accused of defrauding
the NHS out of £250,000 has defended his
decision to set up a company recruiting overseas
nurses, stating that he registered the potential conflict
of interest with his employers and never hid his involvement
with the company. Mr Molton told the
court that he set up the Trust Professionals agency
quickly to bring in nurses from overseas because of
pressure from the government and that was
“essential” that the said nurses had somewhere to
stay in the UK.
For full report click here
94. New dental practice opens doors
15 May 2006 – BBC News
A dental surgery will open on Monday 22 May in Carlisle
after another Carlisle surgery stopped offering
NHS treatment last year. Patients will be taken on
only by invitation through the Dental Direct register.
For full report click here
95. Hospital trust 'spending to save'
15 May 2006 – BBC News
Leeds Teaching Hospitals NHS Trust has spent
£100,000 a month on advisers to tell it how to save
cash, whilst it is cutting hundreds of jobs in a bid to
save £25m. 430 posts are due to be cut as part of a
plan to save £84m over the next three years. Trust
Chief Executive Neil McKay has defended the expenditure
saying the advisers were specialists and
helped firms in the past to make substantial savings.
For full report click here
96. MRSA spread
15 May 2006 - The Times
Figures show that, since 2003, 230 children have
caught MRSA while staying at Scottish hospitals.
97. Sack the officials, not ministers
15 May 2006 - The Times
For full report see Miscellaneous—item 69
98. The chocolate audit
15 May 2006 - Daily Mail
The Royal Cornwall Hospital NHS Trust which is £8m
in debt has instructed staff to notify what gifts they get
and the value. This is not to prevent corruption but is
the new way to measure patient satisfaction – apparently!
Nursing
99. Nurses face pay cuts in NHS plan
17 May 2006 – BBC News
Barnsley Hospital is proposing to regrade nurses’
posts, and as a result around 200 nurses could see
their pay being cut. According to a survey at the
hospital, not enough nurses were providing hands-on
care and too many working at a high level. The
move was more about improving the strength of the
workforce and not about saving cash – staff have
until 14 June to comment on the proposals.
For full report click here
Older People
100. WOMAN, 80, TAKES NO CHANCES
20 May 2006 - The Times
Mrs Mary Wohlford of Iowa, USA who is excellent
health has made a ‘living will’, however, she has
gone further than most in having the words ‘DO NOT
RESUSCITATE’ tattooed on her chest. She said
‘sometimes the nuttiest ideas are the most advanced’.
101. Welcome to Britain’s new dying rooms
20 May 2006 - The Daily Telegraph
A two page article by Damian Thompson on the new
phenomenon of NHS discharging elderly patients at
the end of life. Hampshire, the first county council to
employ its own nurses has spent £60m on state of
the art, ‘spanking new’ care homes, one, Willow
Court, Andover, has 53 beds and has had admissions
of 100 in only two months. Ken Thornber, Tory
leader of the council believes that the NHS is ‘silently
but in very significant numbers releasing older people
from hospital too soon’.
The manager of the home, Mary Critcher, a former
district nurse and hospice manager, reports that she
is asked to assess patients for discharge from hospital
into the care of a home when they are so ill, as
she puts it ‘they are about to go to heaven’ yet someone
in the hospital has assessed the individual as fit
for discharge.
102. Protection of Vulnerable Adults scheme
in England and Wales for adult placement
schemes, domiciliary care agencies and care
homes: A practical guide
17 May 2006 – DoH
A practical guide for implementing the protection of
vulnerable adults (POVA) scheme, it is accompanied
by the following documents: overview of POVA implementation
flowchart; pre-employment checks for domiciliary
care providers and managers; preemployment
checks for adult placement scheme providers
and managers; and pre-employment checks
for care home providers and managers.
For full report click here
103. POVA
17 May 2006 – Social Care Institute
This guide aims to support people making referrals to
the POVA list under the Care Standards Act 2000. It
will help employers and managers to make effective
referrals that can be processed efficiently, leading to
accurate and timely decisions on POVA listing by the
Secretary of State for Health.
For full report click here
104. Silver Surfer Week
Silver Surfer Week runs from 22 May 2006 to 26 May
2006, it is a promotion of the internet to those over 55
years of age who have little or no knowledge of the
internet and the way in which it can enhance the lives
of older people. Age Concern, in partnership with
Microsoft has the ‘Silver Surfer Safari Bus’ visiting a
number of town on the south coast of England to promote
awareness.
For further info click here
Parliament (continued…)
24 May 2006 – Private Members Debate – Laura
Moffatt on nursing training & practice.
24 May 2006 – Safeguarding Vulnerable Groups Bill,
Report.
25 May 2006 – House of Commons – Adjournment,
Health services in the Forrest of Dean and Gloucestershire.
Scotland
105. Child protection scheme trialled
20 May 2006 – BBC News
For full report see Children—item 12
106. Executive admits it must do better over
delays in cancer care
18 May 2006 – The Scotsman
For full report see Social Care —item 114
107. £300m PFI superhospital
17 May 2006 – The Herald
For full report see Business News—item 6
108. Regulator‘s Summit with Nursery Chain
in E-Coli Outbreak
17 May 2006 – Care Commission
For full report see CSCI, CSIW, HEALTHCARE COMMISSION
AND SCOTTISH CARE COMMISSION – item 43
109. New inquiry into Scottish 'tsars' amid
concern over rising costs
16 May 2006 – The Scotsman
For full report see Miscellaneous – item 66
110. First National Report on the Quality of
Childminding in Scotland
15 May 2006 – Care Commission
For full report see CSCI, CSIW, HEALTHCARE COMMISSION
AND SCOTTISH CARE COMMISSION – item 46
Social Care
111. Department of Health calls for social
workers' views
18 May 2006 – Community Care
The Department of Health is seeking social care
staff’s experiences and views on the treatment of
older people in the care system as part of its campaign
to promote dignity.
To respond, visit www.dh.gov.uk/dignityincare
For press report click here
112. Treasury highly unlikely to fund
Wanless's call for a guaranteed free minimum
level of service for all older people
18 May 2006 – Community Care
The Treasury is examining a more modest version of
the funding proposal put forward by the Wanless so
cial care review and how it may work in practice. Under
the version currently being considered, the system
would be geared to producing less ambitious
outcomes than those originally proposed by Wanless.
For full report click here
113. Tony Blair slammed for continually moving
social care ministers
18 May 2006 – Community Care
Peter Beresford has slammed Prime Minister Tony
Blair for constantly moving ministers from their social
care posts to other departments so they do not have
time to get to grips with the portfolio. Liam Byrne was
Care Services Minister for less than a year before he
was moved to the Home Office to oversee policing,
with Ivan Lewis taking his place at the Department of
Health. The professor of social policy and director of
the Centre for Citizen Participation at Brunel University
also said: "Byrne’s predecessors were all soon
promoted out of social care because they were good.
Are the government waiting until they get a bad one
for him or her to stay in post? Is social care a third
division football club waiting for the first division to
poach our stars?"
For full report click here
114. Executive admits it must do better over
delays in cancer care
18 May 2006 – The Scotsman
The Scottish Executive has admitted that it must do
better as it emerged that cancer treatment waiting
times have worsened. The Executive had originally
aimed to ensure that all cancer patients started treatment
within two months of an urgent referral from
their GP. Statistics published from the last three
months of 2005 showed that only 74% of all cancer
patients started treatment within two months, compared
with 75% of the previous quarter.
115. Over 400 social workers referred to
GSCC for alleged misconduct
17 May 2006 – Community Care
It has been discovered that more than 400 social
workers have been referred to the General Social
Care Council for misconduct. 161 of the referrals
were assessed as not amounting to its complaint of
misconduct, 50 have been referred to the regulator’s
preliminary proceedings committee and 191 are still
being investigated.
For full report click here
116. Social care employers need to support
staff who are carers or face problems
17 May 2006 – Community Care
Nearly one in five of the workforce are also carers,
and called for Social care employers to support staff
who are carers or they will face major recruitment and
retention issues.
For full report click here
117. Lewis: social care needs to lose victim
mentality
17 May 2006 – Community Care
Ivan Lewis spelled out his hopes for social care by
citing his transformation of the Department for Education
and Skills to a top government priority, and that
he hoped to do the same turnaround for social care.
He has been in the job for just 12 days, and stated he
would like to bring social care “from the margins to
the mainstream”.
For full report click here
118. Dignity in care
17 May 2006 – DoH
This webpage provides information on the Dignity in
Care initiative, it has been set up to ensure all older
people are treated with dignity when using health
and social care services.
For full report click here
119. ECCA welcomes new Care Home Minister
16 May 2006 – ECCA
The English Community Care Association (ECCA)
has welcomed the appointment of Ivan Lewis MP
and said it looked forward to fostering good links with
him.
For full report click here
120. DRC launches first formal investigation
into public sector fitness standards
16 May 2006 - Community Care
Monday 22 May heralds the beginning of part of a
12-month Formal Investigation being undertaken by
the Disability Rights Commission. Regulations and
procedures governing entry to, and work in, teaching,
nursing and social work are to be subjected to the
first detailed legal review of their compliance with the
Disability Discrimination Act.
The review will form part of a Formal Investigation
being undertaken by the Disability Rights Commission
which begins on Monday 22 May 2006.
The investigation will look into how training, qualifying
and working practices within these professions
may be posing challenges to the entry and progress
of disabled people.
In October 2005, an approved social worker successfully
appealed against the GSCC after it imposed
conditions on his registration after he disclosed
he had bipolar affective disorder.
For full report click here
121. Funding vital for registration scheme to
work, ECCA warns
15 May 2006 – Community Care
The ECCA has warned that without significant government
funding, plans to register all residential and
home care staff will fail. ECCA has also said that
plans to register service managers is simply duplicating
the existing requirement for them to register with
the CSCI.
For full report click here
122. Speech by Ivan Lewis MP, Parliamentary
Under Secretary of State for Care Services,
15 May 2006: CSIP White Paper Implementation
Event
15 May 2006 – DoH
A transcript of the speech made by Parliamentary
Under Secretary of State for Care Services Ivan
Lewis at the Care Services Improvement Partnership
White Paper Implementation Event on 15 May 2006.
He talks about social care and the Director of Adult
Social Services guidance.
For full report click here
123. ECCA’s Response to Consultation on
the Registration of Social Care Workers
15 May 2006 – ECCA
The English Community Care Association (ECCA)
has responded to the General Social Care Council’s
consultation on the registration of social care workers.
For full report click here
124. Skills for Care chief highlights inequalities
15 May 2006 – Community Care
Skills for Care chief executive Andrea Rowe has attacked
the much greater investment in developing new
roles in the NHS than in social care. Rowe said the
NHS received £32m in 2005-6 to develop new roles,
while Skills for Care received just £3m for the same
purpose in social care, despite the comparative size of
the workforces.
For full report click here
Staff, employment and
disciplinary
125. Over 400 social workers referred to GSCC
for alleged misconduct
17 May 2006 – Community Care
For full report see Social Care—item 115
Wales
126. New dental practice opens doors
15 May 2006 – BBC News
For full report see NHS—item 94
© Brunswicks LLP 2006 http://www.brunswickslaw.com Page 17
The impact of regulation
and future plans for inspection
Speech by David Behan—Chief Inspector,
Commission for Social Care Inspection
Ceretas Annual Home Care Conference
10 May 2006
Thank you for inviting me. You have asked me to talk
about the Commission’s plans to modernise the way
we regulate social care services, in the context of the
vision that is set out in the White Paper and I am delighted
to do so.
Let me just say first that the home care sector provides
vital support. The provision of home care and
other simple services help people maintain the independence
that we know is important to them. Home
care was delivered to almost 600,000 people in
2004/05, 98,000 of whom received intensive support.
Some 30% of home care is provided by councils.
Councils spent £2.3bn in 2004/05 on home care.
Hours of home care delivered increased by 6% in
2005/06. We also know that people are receiving
intensive packages of support in their own homes is
increasing and the numbers of people in residential
care has fallen. However we also know that the number
receiving simple services has fallen as threshold
or eligibility criteria have increased.
What makes services improve?
I believe there are 5 influences on the quality of services:
1. People’s views and expectations – will people
accept the quality of services on offer
2. How providers run services – providers are responsible
for the quality of services;
3. How councils and PCTs commission services
– are they clear what they are commissioning in
terms of quality and outcomes as well as price and
volume;
4. How the market operates – how the money flows
into the sector;
5. How the regulator operates – what do we do to
assure the quality of services.
All 5 influences need to operate together effectively to
improve quality. At the moment we have strong regulation
– but we need to further develop commissioning
and provider responsibility for quality.
What do people want?
People who use social care services have told us
what matters most to them.
Our recent report Real Choices, Real Voices highlighted
these – and this is the order that people put
them in:
• Choice
• Flexibility
• Information
• Being like other people and taking risks
• Respect and being heard
• Fairness and non-discrimination
• Cost and value
• Safety
People have told us:
“The main point is that you should be able to make
your own decisions depending on what level you feel
safe at. You spend your whole life making decisions
about things, your work, your relationships, your children,
you don’t want to suddenly give up that responsibility
because you’re older.”
“Social services don’t see you as an individual. They
tell you what you want, but don’t listen to what you
really want.”
In the next few years peoples’ ‘voice’ and their expectations
will be a significant driver of the way services
are commissioned and provided. The baby
boomers who are now entering ‘old age’ will bring
with them a range of expectations which will be more
demanding than previous generations. They will undoubtedly
assert their rights in 2010 as they did in
the 1960s.
What people say they want from services should be
the starting-point for providers and commissioners.
Providers are responsible for quality. It is essential
they are clear about their responsibility. As regulator
our role is to encourage improvement and challenge
services which don’t meet standards. We are not an
improvement agency. Our job is to identify where
improvement is required and then to judge that improvement
has taken place.
If personalised care is to be made a reality, as set out
in the care services White Paper and other policy
documents, current ways of commissioning services
will need to change. The challenge now facing councils
is how to take a strategic, long-term view of what
sort of services need to be developed, based on individual
preferences. Councils do of course face the
dilemma of having to be efficient – which can indicate
block-purchasing arrangements – at the same time
as purchasing individualised services. In resolving
this, they will need to develop better ways of listening
to people and taking their views into account to encourage
new services and new ways of contracting.
Crucially, they will need to take a broad view of commissioning.
This should include local economic development
strategies to encourage the local market for
care, and develop more sophisticated IT systems,
which can track changes in service preference.
Above all, commissioners must recognise that they
are responsible for the whole community they serve.
They will have to find ways to include those groups
who find it hard to participate, that have profound and
complex needs and whose services might so easily
be left behind in this complex change agenda.
They will need to rise to the challenge of ensuring
that there is a sufficiency of provision for all their local
community; not just those whose care they expect to
fund, but also for those who pay for their own care.
The best councils understand that they should com
mission to meet the needs of the whole population
they serve, and they have undertaken a thorough
analysis of what these needs might be. But many
councils are still commissioning services on the basis
of incomplete knowledge of what is required.
Turning to the operation of the market – social care
has been a pluralist market for over a decade. But
two recent reports have highlighted a number of issues
that we need to pay attention to.
The Office of Fair Trading in their report published
last year fundamentally challenged current expectations
of the care offered to older people in homes. It
raised serious questions about how inadequate information
and a lack of transparency erodes older people’s
rights as economic consumers and as citizens.
More recently the King’s Fund published ‘The Business
of Caring in London’ and identified the absence
of market development and market management as
an influence on the quality of care.
The focus of our work at the Commission therefore
needs to be not only the quality of services but also
the operation of markets in meeting people’s diverse
needs. Councils will need to encourage innovation
through new models of care and new ways of providing
it – we are seeing a small increase in user-led
and managed services, and social enterprises. Increasingly
of course developing the market will involve
commissioners from different sectors. Commissioning
will need to involve housing as well as health
and social care – our forthcoming publication on
Supporting People emphasises the importance of
Health and Housing and Social Care undertaking
joint commissioning of services to meet local needs.
Inspecting for better lives
In recent years there has been an important debate
on regulation in both the public and private sectors.
The debate has focused on the role, purpose and
function of regulation together with a challenge as to
its costs and benefits.
Central to this modernising inspection approach is
what we believe to be a more intelligent approach to
inspection. Turning up at a home for a few days
twice a year doesn’t tell us much. It gives only a
snapshot of the reality of people’s lives in that home.
Our new system will bring together different types of
evidence in the way we form our judgements about
the quality of services.
Our intention is to focus more strongly on the experience
of the people using care services, and on how
providers are building in quality.
The changes affect:
• The style and frequency of inspections;
• The introduction of a quality rating for all services;
• Our reports on services;
• How care providers tell us about their plans to
improve;
• The information providers submit to us;
• How people who use services are involved in
our work;
• How providers register with CSCI.
The Department of Health has announced changes to
the statutory regulatory framework for adult social
care.
Previously, Government regulations stipulated that
the Commission must inspect most adult services at
least twice a year. Under the new regulations, we will
be able to inspect any adult social care service at any
time – as long as every service is inspected at least
once every three years. This means we will be able to
focus more attention on services that need the most
support.
In future there will be three types of inspections:
• Key inspections,
• Random inspections, and
• Thematic inspections.
Key inspections are thorough, unannounced inspections.
Our intention is that all adult social care services
will receive at least one key inspection between
April 2006 and June 2007.
We will look at all the information we already have on
services – such as complaints, incidents and previous
reports, to see how well the service has performed in
the past and how well providers have improved their
service. We will talk to people who use services and
to people who are involved in other ways – such as
families, and care professionals.
Then we will visit and see for ourselves how well the
service works, and we’ll make a judgement on the
quality of the service based on all this information.
We will discuss this judgement with providers before
it is finalised, and it will help us to decide how often
we need to inspect a particular service.
Random inspections will be short, targeted inspections.
We will do these if we want to check out a specific
issue about a particular service. For example –
we may wish to follow up a complaint or see for ourselves
the progress on addressing an issue identified
in an earlier inspection.
We will also carry out a number of random inspections
each year without a specific reason and without
notice – to provide reassurance to the public and
people who use services, as well as to ourselves.
In addition, we will carry out a number of thematic
inspections each year to follow up on national or
regional issues. For example, we might decide to
look at meals, or how medication is managed. (Wwe
have recently published reports on medication, and
meals.both of these themes). Our findings will feed
into a national report on specific themes. If there are
issues of good or poor practice in a particular service,
we will put these in a letter to the service provider.
We’ll also put this letter on our website for the
public to see.
The regulatory changes bring a new legal requirement
for registered providers to produce an Annual
Quality Assurance Assessment. This will reinforce
the need for good quality assurance, which we believe
is a vital part of maintaining a service that works
well for the people who use it and puts the responsibility
for high quality care where it needs to be – with
the providers. The assessment will take the place of
the current pre-inspection questionnaire. Our expectation
is that providers will give an assessment of:
• How well they believe they deliver good outcomes
– such as those listed in the recent
community services White Paper – for people
using the service;
• How they have used the views of people who
use the service to shape what they do; and
• Where they believe they need to improve the
service and what action they will take.
In 2005 we introduced a new style for our reports,
making them more accessible for people, and we
have had a positive response from the people who
use them.
We intend to introduce a new quality rating system
for adult services in April 2007 linked to the White
Paper outcomes. For providers, this means that we
will use clearer criteria to say how we judge their performance
against outcomes. For the public, it means
that our judgements will be presented in a way that
helps them better understand the strengths and
weaknesses of a particular service. We will use descriptors
setting out whether performance on each
outcome is ‘excellent’, ‘good’, ‘adequate’ or ‘poor’. It
will be very clear what a provider needs to do to
achieve an ‘excellent’ rating.
A major element of our new approach to regulating
social care is a new emphasis on service improvement.
We all know that even the best care services
have room for improvement. Providers are responsible
for driving improvement in services. The Commission
plays a part in improvement but we are not an
improvement agency. Our job is to identify where improvement
is required and then to assess that im
provement has taken place, consequently, the Government
has included in the new regulations a requirement
that providers of adult care services produce
a plan about how they will make the improvements
that they and the Commission agree are
needed.
Each year at about the anniversary of the first key
inspection, the Commission will review all the information
we have about a particular service. We will
pay particular attention to new information or service
changes. A summary of the annual care service review
will go on our website for the public to see.
We will show:
• Any changes in registered provider or manager;
• Notable good things in the service that have been
brought to our attention;
• Complaints that have been investigated and upheld;
• The main findings of any random or thematic inspections;
• Recent views of people using the service.
We will then consider if there are risks to people using
the service, on the basis of the available information.
If so, we may decide to bring forward our key
inspection or carry out a random inspection.
Our new approach to inspection can be summarised
as: collect, assess, think, act. Collect information.
Assess the evidence, and put it through our riskassessment
process. Think – what is this information
telling us? What is going on at this service? Is
this the true picture? Why are these things happening?
And act – decide how and when we will inspect
the service in future and how we will work with the
provider to encourage improvement.
What will success look like?
We are confident that the new regulatory system I
have described has the potential to drive real improvement
in services across the board. We will
know that things have improved when:
• We have moved to a culture of improvement
not ‘compliance’.
• People who use social care services will have
a better experience and a stronger voice to
influence the services they use.
• Innovation will be rewarded and encouraged.
• The sector will grow to meet increasing and
changing demands.
• People will be better able to plan their own
services using the Commission to inform and
support their decisions.
I also want to say something briefly on assessing the
performance of councils. We have begun work on the
Performance Assessment Framework for measuring
council’s performance in 2006/07. We are moving,
in graduated steps, towards an outcomes based
performance framework. Not only should the indicators
better reflect the policy initiatives but also they
should reflect the work that councils deliver in partnership.
We are working to have in place a revised performance
assessment framework for 2008. This will be
based on the 7 outcomes described in the White Paper.
The focus of this work will be on how councils commission
services. At present there is no correlation
between councils assessed as excellent and the
quality of local regulated services. How councils commission,
and the impact on the market, will be part of
their performance assessment in future.
As we move our assessment processes to looking at
outcomes, commissioners will also become aware of
alternative services that may work better to meet people’s
needs. Councils have a critical role in assessing
needs and commissioning services to help people
live their lives to the full – but too often the emphasis
is on what people can’t do, not what they can.
The White Paper has a bold and ambitious vision for
adults who require help support and care. At its heart
is a change in the nature of the relationship between
those who need help and those who deliver it. Choice
and control are the key. The regulatory framework
can help to ensure the vision and ambition of the
White Paper is delivered.
I don’t under-estimate the challenge of achieving the
necessary change to ensure that we provide the best
possible services to the people who depend on social
care. It requires us all to work together as partners
more effectively than ever before. I am confident that
we will rise to the challenge – and I look forward to
working with you.
Thank you.