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Both editions are © Brunswicks LLP 2006-08


BHCR 2006 Vol 1 Issue 09

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

Have we moved from the sublime to the ridiculous in

the NHS?

There are managers measuring the length of waiting

lists, if too embarrassing a length, some people are

taken off the list and moved onto another waiting list

called a queue, but, because its not a waiting list its

not part of the Government’s performance targets.

Now we have the ‘chocolate audit’ (item 62)

whereby, to check how satisfied patients are with

treatment nurses are to complete a

report stating how many boxes of chocolates and

thank you cards they receive. It does sound a bit

subjective and batty – it has drawn much criticism for

the hospital concerned, The Royal Cornwall NHS

Trust.

***STOP PRESS***STOP PRESS***

We have learned that the new Care Services

Minister, Ivan Lewis, today (17 May 2006) launched

the long awaited and much overdue guide ‘Making

referrals to the Protection of Vulnerable Adults

(POVA) list’. We have our copy which will be

digested and summarised next week.

Parliament

15 May 2006—House of Lords—Health Bill—question

Next

Abuse

1. Our son broke his leg, so social workers

took our three children away…...then had

them adopted

14 May 2006—Mail on Sunday

A three page article about the husband and wife,

Mark and Nicky Hardingham, who were apparently

overwhelmed by officialdom and social workers how

misrepresented the rights which they had and whose

children were apparently taken into care in 2003 on

the basis of very uncertain evidence. Subsequently

the children were adopted. The case was the subject

of a TV broadcast, Real Story—Broken Bones,

Broken Families, BBC1, 19:30 hours.

2. Comedy actor facing 15 charges over

child porn

12 May 2006 - The Times

The police inquiry known as Operation Ore, initiated

several years ago by the release by USA authorities

of the credit card details of many thousands of UK

citizens who had accessed USA based porn sites

(which lead to the high profile arrest of Pete Townsend,

the guitarist with ‘60’s legendary rockers ‘The

Who’) continues to identify individuals against whom

criminal charges are being laid, the latest person is

Chris Langham, TV star of ‘The Thick of It’.

3. Care home boss loses abuse appeal

9 May 2006 – BBC News

James Carragher, a former principal of a care home

jailed for 14 years for abusing boys has lost his appeal

against his sentence. The Court of Appeal ruled

that his conviction should stand.

For full report click here

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. Penny’s angels from Africa

14 May 2006—Financial Mail

Report on Penny Streeter, who founded an agency

providing nurses, carers and other agency staff, cutting

the overheads of her business by relocating its

head office to South Africa where labour costs were

cheaper. Turnover remained static at £60m but profit

increased as she shaved £5m off admin costs prior to

the transfer of back office support to South Africa.

6. Civilians to fly military helicopters for rescues

10 May 2006 - The Times

This is further information about the Private Finance

Initiative plan for the UK search and rescue service

‘S&R’ (see Vol 1, Issue 5—item 41 for previous

report); MOD has indicated that the RAF and Royal

Navy will continue to be heavily involved in S&R.

7. ADL plc

New Bank Facility and Portfolio Valuation

ADL plc ("ADL"), the AIM listed long term healthcare

provider, which currently owns and operates nine

care homes, with 311 operational beds, and manages

a further two care homes, with 63 operational

beds, on a partnership or joint venture basis is

pleased to announce that today it signed a new £25

million Facility Agreement with IXIS Corporate & Investment

Bank S.A. ("the Facility").

The Facility will be initially used, up to a maximum

aggregate amount of £11 million:

To refinance ADL's existing borrowings with Fortis

Bank S.A./N.V.;

To finance the acquisitions of two 40 bed homes,

for which conditional contracts are expected to be

signed shortly; and

To pay the costs and fees relating to the Facility

and the proposed acquisitions.

The balance of the Facility is available to ADL for

further acquisitions, as they are identified, subject in

each case to the prior approval of IXIS Corporate &

Investment Bank.

A key feature of the Facility is a reduction in the interest

rate margin from the current 1.5% over LIBOR to

1.00% over LIBOR subject to cash flow cover.

The Facility required ADL to have its portfolio of care

homes re-valued by Christie & Co at 31 March 2006.

The 9 freehold care homes, the South Garth Residential

Care Partnership and the joint venture with

Newford Limited, were valued on a portfolio basis, at

£14.377 million (31 March 2005: £13 million) resulting

in a valuation surplus of £1.377 million which has

been credited to revaluation reserve. On this basis,

the Directors of ADL estimate that the net assets per

share at 31 March 2006 were approximately 82p (31

March 2005: 68.7p per share).

Care Homes

8. Care homes earmarked for closure

12 May 2006 – BBC News

Eight care homes, four day centres for older people

and three care homes for people with learning problems

are earmarked for possible closure in a reorganisation

taking place within a programme called

Changing Lives, to comply with government policy to

deliver care to more people in their own homes. This

move will address the social services department’s

£6m overspend, however, the county council have

denied that the closures are about saving money.

For full report click here

9. Care home boss took clothing cash

12 May 2006 – BBC News

A care home manager of Broomfield Nursery Home

in Glasgow has admitted embezzling more than

£1,000 by taking advantage of a store return policy.

Anne Arundel purchased clothes at Marks and

Spencer’s for residents, returned them to the store

and kept the money for herself. She was caught

when accountants launched an investigation.

For full report click here

10. An endless stream of paperwork is creating

a crisis situation for many care homes

8 May 2006 - Evening News Norwich

Care home managers trying to keep up with the Government’s

constant changes to care legislation are

finding that they are drowning in paperwork and formfilling

rather than being able to care for their residents.

11. Social mealtimes boost wellbeing of care

home residents

8 May 2006 - BMJ online

The BMJ have published a study that mealtimes in a

sociable environment improve the quality of life for

nursing home residents. The six month study was

undertaken by researchers in the Netherlands on a

total of 282 residents in five Dutch care homes. The

results support the theory that family style mealtimes

improved the mood of care home residents with and

without dementia.

12. Care Home Thrives

8 May 2006 - Witehaven News

Kirksanton Care Centre near Millom previously rescued

from the threat of closure about two years ago,

is now enjoying a new lease of life after being given a

£600,000 makeover by Guardian Care Homes UK.

Guardian Care Homes UK are currently consulting

local health and social care agencies to assess the

most needed type of care accommodation in the area

before deciding what kind of residents to take on.

Case Reports

13. Killer nurse gets 17 life terms

12 May 2006 - The Times

Benjamin Green, the nurse who appeared to revel in

the drama of reviving patients in whom he had

caused respiratory failure by the improper administration

of anaesthetics and muscle relaxants convicted

of murder (BHCR Vol 1, Issue 6, item 51) was sentenced

by Oxford Crown Court to 17 life sentences

and was told that he will serve a minimum of 30 years

behind bars.

14. Cheshire & Wirral Partnership NHS Trust

v Abbott & Ors

10 May 2006 - Times Law Reports

The Court of Appeal held; when choosing a comparator

group for discrimination proceedings the

whole of the advantaged group should be selected

as this is likely to be statistically more reliable.

Children

15. Revealed: the serious flaws in childcare

14 May 2006 – Scotsman

The childcare industry has had serious problems with

key sectors uncovered by an investigation as enquiries

continue into an E coli outbreak linked to a nursery.

An official report into Scots childminders has

concluded that one in five of them are failing legal

requirements for areas including safety and hygiene.

It also revealed serious problems with the same

amount of childcare agencies that provide nannies

and babysitters. Compulsory annual checks on nurseries

are also to be scrapped and replaced with 3-

year checks so that inspectors can concentrate on

the worst offenders. Politicians have called for an

investigation into childcare standards and warned

that a move to 3-year visits will amplify the existing

problem.

16. ISPs must say if they are blocking child

abuse images

11 May 2006 – NSPCC

Internet Service Providers (ISPs) may have to declare

what steps, if any, they are taking to prevent

the spread of child abuse images in a 10 Minute Rule

Bill proposed to Parliament on 11 May 2006.

For full report click here

17. Young Carers: report

10 May 2006 - NCVCCO

Childline has published a report : Old Heads on

Young Shoulders how young carers are affected and

what can be done to help them. Being a young carer

can have serious consequences for children, with

their social and academic lives, as well as their physical

and mental well-being.

For full report click here

18. Childcare Implementation Project

10 May 2006 – NCVCCO

The DfES, the Local Government Association and the

Improvement and Development Agency has launched

a new project on delivery of the new duties in the

Childcare Bill. Two consultants will be working

closely with 12 local authorities to test different approaches

to implementing the childcare agenda, identify

and spread good practice and use practice on the

ground to inform DfES guidance and codes of practice.

For full report click here

19. Childrens Fund Evaluation: report

10 May 2006 – NCVCCO

The DfES has published a new report, which lays out

recommendations to promote good outcomes for children

and young people, and support their pathways

to inclusion. It states the need for front-line practitioners

to have adequate support to talk across professional

boundaries and to development effective practice

around the needs of children and young people.

For full report click here

20. NHS Childrens Workforce: briefing paper

10 May 2006 – NCVCCO

Children's Workforce: rising to the challenge, is the

name of a briefing paper from National Workforce

Projects and the Care Services Improvement Partner

ship (CSIP) Childrens and Familes Programme. It is

aimed at workforce and service planners and modernisation

and service improvement leads and will

also provide useful information to anyone working in

senior levels in NHS and other health and social care

organisations.

For full report click here

21. E coli found at nursery school

11 May 2006 – Care Commission

10 May 2006 – The Times

10 May 2006 – The Independent

Three toddlers were hospitalised in Dunfermline suffering

kidney failure caused by a suspected outbreak

of E. coli 0157. The nursery has been inspected and

reports suggest the infection may have come from

‘outside’.

For full report click here

For Care Commission statement click here

22. West Midlands Every Child Matters Appeal

Kicks off in Birmingham

8 May 2006 – NCH

The NCH kicked off its appeal in Birmingham on 8

May – the appeal aims to highlight issues such as

poverty, disability and abuse faced by children and

teenagers. The NCH hope to raise £300,000 to help

fund their network of 46 local centres. The Radisson

SAS Hotel has chosen NCH Birmingham Young Carers

as its charity for the year and will be giving respite

to children and young people currently caring for sick

or disabled family members.

For full report click here

Conferences & Courses

23. Abuse

Conferences 17 May 2006—Leeds/24 May 2006—

London

A one day conference to address the implications of

elder abuse from several perspectives: the individual,

other residents/tenants, the scheme manager the

provider and the organisations who relate to them. It

will enable those who work within sheltered housing

and related care sectors to recognise and understand

what is happening and what action needs to be

taken. Click here to download a booking form.

24. Community Care Live

17-18 May 2006

Business Design Centre (BDC), London

The GSCC will be presenting two sessions at Community

Care Live 2006.

17 May - 2.45-3.34pm

'Where next for the social care workforce? Promoting

high standards in the social care workforce through

registration of next groups and conduct'

18 May - 2-2.50pm

'Training and learning requirement for the renewal of

registration

For further details click here

The Future of Childcare Provision: Inspection and

Regulation Under the Childcare Bill

Thursday 25th May, 2006, Central London

25. 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.

26. 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

27. OLDER PEOPLE’S ADVOCACY ALLIANCE

(OPAAL) UK

Wed 19th July 2006

Venue: 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.

B o o k i n g f o r m a n d a g e n d a

Workshop descriptions

28. The Care Show

Birmingham NEC—25 & 26 October 2006

Bournemouth BIC—20 & 21 March 2007

Details : 01425 470666

www.careshow.co.uk

Consultations

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. Consultation launched on Early Years

Foundation Stage

Closing Date : 28 July 2006

The Ten Year Strategy for Childcare, published in

December 2004, set out a future to enable every child

to have the best start in life and to give parents more

choice about how to balance family and working life.

They are now consulting on the draft Early Years

Foundation Stage, and this covers care, learning and

development for children in all early years settings

from birth to the August after their fifth birthday.

For press release click here

For consultation click here

37. Consultation on the arrangements for the

provision of dressings, incontinence appliances,

stoma appliances, chemical reagents

and other appliances to primary and secondary

care - Summary of responses

Launch date: 24 October 2004

Closing date: 23 January 2006

Outcome published: 8 May 2006

This document provides a summary of the responses

that the Department received in relation to the consultation.

It also sets out the Department's intended next

steps. A further consultation on proposed changes to

drug tariff reimbursement prices for some dressings

and reagents is also accessible from this webpage.

For consultation outcome click here

CSCI, CSIW, Healthcare

Commission &

Scottish Care Commission

38. The impact of regulation and future plans

for inspection

11 May 2006 - CSCI

A transcript of the speech made by Chief Inspector of

the Commission for Social Care Inspection David Behan

to Ceretas Annual Home Care Conference on 10

May 2006, he spoke about the Commission's plans to

modernise the way it regulates social care services.

For full report click here

39. E coli found at nursery school

11 May 2006 – Care Commission

10 May 2006 – The Times

10 May 2006 – The Independent

For full report see Children – item 21

40. NHS trusts to make first ever public declarations

on basic standards of safety and

quality

10 May 2006 – Healthcare Commission

Every NHS trust in England must issue a public declaration

to show their performance against the government’s

core standards for healthcare. The information

must be available to the public by midnight on

Friday 12 May as part of the Healthcare Commission’s

annual health check. For the first time ever,

patients and the public will see how local trusts

measure up against 24 standards in areas such as

safety and patient focus amongst other things.

For full report click here

41. Give us your views on equality and diversity

9 May 2006 – CSCI

The CSCI is developing an equalities and diversity

strategy, and would like the views of the public for

people who use the care services and CSCI staff.

Comments must be submitted by 16 June 2006.

For full report click here

42. Watchdog’s first nurse consultant for

older people

9 May 2006 – Care Commission

Scotland’s Care Commission has appointed a nursing

expert with the sole brief of improving standards

in care homes for older people. Belinda Dewar has

been appointed to the newly and specially-created

post of Nurse Consultant for Older People – to oversee

a sector that includes an estimated 40,000 care

home places and 4085 nursing staff.

For Care Commission report click here

For BBC report click here

42. Mixed success for independence scheme

9 May 2006 – CSCI

The CSCI has published a report called Supporting

People, to promote independence and social care

aspects of the government programme by the same

name. It has had mixed success so far, with inconsistencies

across different groups of people and different

parts of England.

For CSCI press report click here

For earlier CSCI press report click here

Education

Nothing to report

Learning Disabilities

43. Disability guru

12 May 2006 - The Times

Nicola Smith, 43, with learning difficulties has been

appointed to help guide government policies for the

1.5 million learning disabled population. Ms Smith

who has lived in a long-stay hospital, hostel and her

own home believes those experiences will help teach

ministers what it is like for someone with learning disabilities.

44. Government announces appointment of

new learning disabilities tsar

11 May 2006—DoH

11 May 2006—Community Care

Nicola Smith from West Sussex has been appointed

as the new learning disabilities tsar to help lead government

policy on the lives of people with learning

disabilities. She will work alongside the current National

Director for Learning Disabilities, Rob Greig

and took up her post with immediate effect. Nicola

herself has a learning disability and brings experience

from her roles as a National Assembly Member of

Mencap, Co-Chair of her local Learning Disabilities

Partnership Board amongst other things.

For DoH report click here

For Community Care report click here

45. Radical review of supported housing is

needed

9 May 2006 – Community Care

CSCI inspectors have called for a ‘radical review’ of

supported housing for people with learning disabilities

due to growing concerns whether current models of

support, especially single person tenancies with oneto-

one support are sustainable in a report. The report

also reveals that some people with mental health

problems have been placed in accommodation for

homeless people which presents a risk ‘that the specific

mental health needs of service users can get

lost’.

For full report click here

46. New care services minister to address

Community Care Live

8 May 2006 – Community Care

Following a parliamentary re-shuffle prompted by

Home Secretary Charles Clarke’s sacking, new Care

Minister Ivan Lewis will now address the two-day annual

event Community Care Live 2006, instead of

Liam Byrne.

For full report click here

Legislation Update

None to report

Mental Health

47. Plans to amend the Mental Health Act

1983 - Race Equality Impact Assessment

For full report – see Consultations – item 33

Miscellaneous

48. It’s your right to die if you want to

14 May 2006 - The Sunday Times

Extensive interview by Jasper Gerard of Lord Joffe

who introduced the Assisted Dying for the Terminally

Ill Bill which with the support of the Bishops was defeated.

49. Religious leaders fear right to die law

would turn into a duty to die

12 May 2006 - The Times

Article about the united approach of three major religious

leaders of the Church of England, Roman

Catholics and Jews in their opposition to the Assisted

Dying for the Terminally Ill Bill which they had written

to the Editor of The Times they feared might become

a ‘duty to die’.

50. Letters to the Editor

12 May 2006 - The Times

Referred to above; additionally further and different

view-points advanced by five other correspondents.

51. NEWS – 12 May 2006

The House of Lords voted against the Assisted Dying

Bill.

52. Lords block assisted dying bill

12 May 2006 – BBC News

The House of Lords has blocked a controversial bill

which would allow terminally ill people to be helped

to die has been blocked by the House of Lords.

Peers backed an amendment to delay the bill by six

months by 48 votes, however, the government has

said it will not block a further hearing of the bill.

For full report click here

53. ‘Peers broke word’ – article subsequently

qualified

11 May 2006—The Times

Three opponents of move to legalise ‘mercy killings’

accused by Lord Joffe of breaking their word as they

were now to seek a vote on the Bill, rather than allow

further scrutiny as agreed last year. The content of

the article was partly retracted in The Times the following

day – Lord Joffe had not accused ‘three peers’

of ‘breaking their word’ - with apologies to those

thought to have been impugned.

54. Letters to the Editor

11 May 2006 - The Times

A matter of life and death: who gets to choose?

A selection of six letters representing different viewpoints

on the Assisted Dying of the Terminally Ill Bill

due for its second reading in the House of Lords the

following day.

55. Doctors in revolt over legalising euthanasia

10 May 2006 – The Times

The Royal College of Physicians and the Royal College

of General Practitioners have abandoned their

previous neutral stance on euthanasia after a survey

showed 75% of the profession opposed it. The opposition

increased to 95% when surveying palliative

care doctors. The survey has been attacked as

members had just 48 hrs to respond to the questionnaire.

56. New line up in Department of Health

Following the Cabinet reshuffle by Prime Minister

Tony Blair the new team of ministers in the Department

of Health is:

Rt Hon. Patricia Hewitt MP, Secretary of State for

Health. She has overall responsibility for NHS, social

care delivery, finance and resources.

Lord Warner of Brockley, Minister of State for Reform;

having responsibilities for NHS budget setting, commissioning

choice, payment by results, ‘Our health,

Our care, Our say’ NHS workforce issues, NHS LIFT.

Rosie Winterton MP, Minister of State for Health Services.

She has responsibilities for, including others,

overseas & EU business, ID cards, emergency preparedness

(incl. pandemic flu), counter-fraud, patient

& public involvement & diversity.

Caroline Flint MP, Minister of State for Public Health;

responsibilities include health inequalities, substance

abuse issues, sexual health & Food Standards

Agency.

Andy Burnham MP, Minister of State for Delivery &

Quality. He has responsibilities including standards,

inspection & performance, patient safety, NICE, reducing

bureaucracy and counter-fraud.

Ivan Lewis MP, Parliamentary Under Secretary of

State for Care Services. His responsibilities include:

social care finance, CSCI inspection, Social Care Institute

for Excellence, older people’s services, physical

& learning disabilities and National Service

Framework.

For more information about the Ministerial team,

click here.

57. Government blocks measures to vet

those employed by direct payments

11 May 2006 – Community Care

The government has decided against attempts to

provide more protection for direct payment users under

the proposed vetting and barring scheme for

people working with vulnerable adults. The amendment

was blocked by government spokesperson Baroness

Royall, stating that the purpose of direct payments

was to put people in control of the care they

received, so they had a responsibility themselves

whether they wanted to check the list or not. Another

amendment tabled during the House of Lords scrutiny

of the bill would have forced people commissioning

regulated activities for the benefit of vulnerable

adults to check the barred list.

But Royall said the checks would be "intrusive".

Charities have expressed their concern about unsuitable

people gravitating towards direct payments if

they knew they were unlikely to be checked. The

government will, however, be addressing concerns

about the inclusion of children on the barred lists.

For full report click here

58. Department of Health: Departmental Report

2006

The Health and Personal Social Services

Programmes

11 May 2006 – DoH

This report provides Parliament and the public with

an account of how the Department has spent the

resources allocated to it, as well as its future spending

plans. It also describes its policies and programmes

and gives a breakdown of spending within

these programmes.

For full report click here

59. The National Audit Office report on the

Provision of Out-of-hours care in England

10 May 2006 – DoH

The National Audit Office report on the provision of

out-of-hours care in England was published on 5 May

2006. This letter from Head of Primary Care Gary

Belfield asks for information on signed contracts in

place with providers of out-of-hours services. He asks

for responses by 17 May 2006.

For full report click here

60. CSCI is advertising for a Principal Legal Advisor

for three CSCI Regions. The applicant must

be a lawyer of three years qualification and some

knowledge of the Care Standards Act - Salary

£39,867 or £45,028 if based in London.

61. Doctors’ cure for online hysteria

10 May 2006 – The Times

9 May 2006 – British Medical Journal

In an attempt to provide jargon-free health advice

doctors have set up the website

www.BestTreatments.co.uk it is hoped that this new

service will help patients currently struggling with a

myriad sources of information on symptoms and

therapies on the internet.

Other websites which might be considered include:

www.nhsdirect.nhs.uk

www.netdoctor.co.uk

www.quackwatch.org

www.medlineplus.gov

www.childrenfirst.nhs.uk

www.cancerresearchuk.org

www.allergyuk.org

NHS

62. Sweet count NHS trust criticised

15 May 2006 – BBC News

Managers at the Royal Cornwall Hospital NHS Trust

have been criticised for telling nurses to record the

number of boxes of chocolates left for staff by grateful

patients. Staff dubbed it as a “chocolate audit” to assess

patient satisfaction and the exercise was

branded as ‘management madness’ by health watchdogs.

For full report click here

63. Jnr’s bid to profit from the NHS

14 May 2006—Mail on Sunday

Short item about the son of Deputy Prime Minister,

John Prescott, and his links with Richard Carlowe

who previously played a key role in deals to build

‘super-surgeries’.

64. NHS chief 'blasè about job cuts'

11 May 2006 – BBC News

Andrew Foster, head of personnel at the NHS gave

evidence to the health select committee stating that

the number of hospital staff facing the sack had been

exaggerated. He also said that there would only be

major compulsory redundancies at ‘two or three’ hospitals

and denied claims that he was ‘taking a somewhat

blasé view’ about the cuts.

For full report click here

65. NHS staff sign up for last-minute places

11 May 2006 – Nursery World

One-third of NHS Trusts in London have signed up to

an online emergency childcare service which gives

doctors, nurses and other hospital staff access to

last-minute nursery places and nannies when their

usual childcare arrangements fall through.

For full report click here

66. GPs 'paid for surgery referrals'

11 May 2006 – BBC News

The British Medical Association are concerned about

a scheme where GPs are paid £30 when patients

choose to have surgery at Greater Manchester Surgical

Centre. The scheme has been running since

January. The BMA have warned that the payments

could be seen as financial inducements, which is

something denied by the PCT.

For full report click here

67. Dying woman treated as 'nuisance'

11 May 2006 – BBC News

An inquest has revealed that an elderly heart patient

who died at a Leicester hospital was treated as a

‘grumbling nuisance’ in her final hours. Her family

said that nurses did not notice that she was swelling

up day by day but the hospital has defended the

quality of care provided. Cecilia Welch, 76, was

originally admitted to hospital suffering from swelling

linked to her heart condition.

For full report click here

68. Trust pays £700,000 to ease debt

11 May 2006 – BBC News

A hospital trust currently axing 400 jobs through a

debt of £40.9m has paid financial consultants

£700,000 to help reduce costs and waiting times.

The Surrey and Sussex Healthcare NHS Trust is still

losing £2m a month and was one of 18 debt-ridden

NHS trusts to be singled out by the Government in

January for financial support.

For full report click here

69. New dental surgeries in business

11 May 2006 – BBC News

Four out of five new dental surgeries in mid and

south west Wales have finally opened and are treating

patients. Most of the places at the new surgeries

have been taken up, but people who don’t have a

dentist are still being urged to check. A fifth new surgery

in Brecon is due to open soon.

For full report click here

70. Treatment pledge

11 May 2006—The Times

The Government said that by end of 2008 the NHS

would meet Govt. target to treat every patient within

18 weeks of a GP referral.

71. Letters to the Editor

NHS no shows

10 May 2006 – The Times

A thoughtful reflection by Peter Baranyovits on the

fact that his busy NHS clinics, rather like airlines,

‘overbook’ patient appointments in the knowledge

that there is a consistent percentage of patients who

do not keep appointments.

72. Consultants new £340m deal no help for

patients

10 May 2006 – The Times

The new contract for hospital consultants cost £340m

in the first two years. The King’s Fund says that

rushed implementation, other problems in the NHS

and a failure to cost the contract properly means that

neither the NHS nor patients benefited.

73. The NHS will deliver the fastest access to

treatment says Burnham

10 May 2006 – DoH

Newly-appointed health minister Andy Burnham has

declared that tackling hidden waiting lists and ensuring

the NHS delivers a maximum wait for patients of

18 weeks, from GP referral to treatment, will be his

key priority in his new role. His statement came as

the DoH published further plans of how the NHS will

bring an end to the age-old problem of waiting lists.

For full report click here

74. Outrage at NHS waiting list party

10 May 2006 – BBC News

Opposition parties have slammed a party organised

by the Welsh Assembly Government to celebrate a

fall in NHS waiting times. The reception for 70 NHS

professionals was held at the Senedd in Cardiff. The

most recent waiting list figures, released on 26 April,

showed that at the end of March there were no patients

waiting more than 12 months for inpatient treatment

or day case surgery, as well as a major reduction

in the number of patients waiting 12 months for a

first outpatient appointment.

For full report click here

75. Big cuts to county's NHS services

10 May 2006 – BBC News

Gloucestershire health services will be cut resulting in

the loss of 500 jobs, community hospital closures and

maternity services being moved to Gloucester. The

county's three Primary Care Trusts (PCTs) and its

NHS provider trusts are facing a deficit of £38m.

Across the county, 240 hospital beds will be lost.

For BBC report click here

For another BBC report click here

76. Over-budget consultant contract has so

far failed to benefit patients, says King's

Fund

10 May 2006 – King’s Fund

A new report from the King’s Fund has found that the

new contract for senior hospital doctors in England

has cost a lot more than originally anticipated and so

far shows little evidence in providing benefits to patients.

The independent report is called Assessing

the New NHS Consultant Contract – A something for

something deal?

For King’s Fund report click here

For BBC report click here

77. Archbishop fears for patient care

10 May 2006 – BBC News

Dr Rowan Williams, the Archbishop of Canterbury

has warned that the quality of patient care could be

compromised by the NHS cuts, particularly care for

vulnerable patients. He made his comments in a

sermon at Westminster Abbey for the Florence

Nightingale Commemoration.

For full report click here

78. Strategic Health Authorities: new structure

10 May 2006 – NCVCCO

Following the Commissioning a Patient-Led NHS

consultation, which ended on 22nd March the Department

of Health has announced the new structure

of Strategic Health Authorities (SHAs) in England.

The changes will strengthen the architecture of the

local NHS, save money in streamlining management

and administration and cut out unnecessary bureaucracy

by bringing together administration, HR, accounts

and hospital contract negotiation teams.

For full report click here

79. Treatment limits to cut NHS costs

10 May 2006 – BBC News

In Lincolnshire, smokers and overweight people will

be given lower priority for some treatments as part of

a cost-cutting measure. Officials have said many

treatments for non-life threatening conditions are not

as effective on the obese or smokers. Other plans

put forward by the county’s NHS include losing sexual

health clinics for a year and making changes to

the provision of IVF. A 12-week consultation period

on the plans has begun and feedback will be published

by the end of the year.

For full report click here

80. No shows cost NHS £614m

9 May 2006 – The Times

Missed hospital appointments are rising despite government

promises to save time and money; data suggests

that for 2005/6 missed appointments totalled

6.8 million, up from 5.7 million the previous year.

81. Missed hospital appointments 'up'

8 May 2006 – BBC News

6.8 million hospital appointments were missed during

the years 2005-2006 throughout the NHS costing the

NHS a potential £614m. 141 hospital trusts took part

in the survey and it is thought that patients fail to turn

up for around one in 10 hospital appointments.

For full report click here

82. Health summit outlines four key challenges

for NHS ahead of lower growth in

funding

8 May 2006 – Kings Fund

A high-level summit organised by the King’s Fund

found that the NHS face four large challenges, to improve

productivity, reduce variations in performance,

routinely measure health outcomes and introduce

more sophisticated incentive systems if it is cope with

lower growth in funding over the next five years.

For full report click here

Nursing

83. Nursing Standard

3 May 2006

Research suggests that nurses from black and minority

ethnic groups who apply for nursing courses are

more likely to be rejected than their white counterparts.

84. 40% fewer nurses as hospitals cut costs

10 May 2006 – The Times

While the number of nurses being trained are being

cut by up to 40% on some courses the average cut is

10%.

Older People

85. New study reveals older people's view on

paying for care

8 May 2006 – Age Concern

Older people see the system of paying for care as

deeply unfair and confusing accordingly to a study by

Age Concern. The sample groups were particularly

concerned that over a rather low limit threshold, they

have to pay for all care costs with no help from the

state, and that they thought that the state should provide

a core level of free care for older people who

need it, such as washing, dressing and food preparation.

Scotland

86. Revealed: the serious flaws in childcare

14 May 2006 – Scotsman

For full report see Children—item 15

87. Health cuts loom as board fights to curb

£30m deficit

12 May 2006 – The Herald

Scotland’s largest health board has a new deficit of

nearly £30m after debt-ridden health authority Argyll

and Clyde were scrapped. NHS Greater Glasgow

and Clyde is having to re-consider the future of frontline

care and plans to downgrade emergency medicine

at Inverclyde Royal Hospital in Greenock are

being suspended.

Volume 1 Issue 9

88. Care home boss took clothing cash

12 May 2006 – BBC News

For full report see Care Homes – item 9

89. E coli found at nursery school

11 May 2006 – Care Commission

10 May 2006 – The Times

10 May 2006 – The Independent

For full report – see Children – item 21

90. Scottish leaders put children to the fore

11 May 2006 - CareandHealth

At the annual conference of the Association Directors

of Social Work, Scottish social work leaders are planning

to prioritise child protection and poverty.

91. Watchdog’s first nurse consultant for

older people

9 May 2006 – Care Commission

For full report see CSCI, CSIW, Healthcare Commission &

Scottish Care Commission—item 42

Social Care

92. Promoting person-centred care at the

front line

12 May 2006 – NCF

Research has been done by the University of Stirling

to look at barriers to and opportunities for promoting

person-centred care for older people, disabled people

and people from minority ethnic groups. The

study found that the roles and experiences of frontline

workers had to be understood to enable the care

to be more effective within community care services.

93. Young Carers: report

10 May 2006 - NCVCCO

For full report see Children—item 17

94. How the government reshuffle affects social

care

9 May 2006 – Community Care

The Association of Directors of Social Services has

stated that it is crucial that the government reshuffle

does not disrupt the progress of policies for the health

sector. Ivan Lewis comes into the role with a ‘strong

working knowledge of social care’ having been chief

executive of social care charity the Manchester Jewish

Federation and chair of Bury Council's then social

services committee. Ivan Lewis has already contacted

the ADSS to arrange a meeting this week.

For full report click here

Staff, employment and

disciplinary

95. Cheshire & Wirral Partnership NHS Trust

v Abbott & Ors

10 May 2006 - Times Law Reports

For full report – see Case Reports – item 14

Wales

96. New dental surgeries in business

11 May 2006 – BBC News

For full report see NHS—item 70

97. Outrage at NHS waiting list party

10 May 2006 – BBC News

For full report see NHS—item 75

A Levelling of the Playing

Field

The Amsterdam Treaty was agreed by the European

Union's political leaders on 17 June and signed on 2

October 1997, the culmination of two years of discussion

and negotiation in a conference of member state

government representatives. The aim of the negotiation

was to create the political and institutional climate

to enable the member states of the European

Union to meet the challenges of the future such as

the rapid globalisation of the economy and its impact

on jobs, the fight against international crime and drug

trafficking, ecological problems and threats to public

health.

Legislation has been in place for 30 years to protect

people from discrimination on grounds of race: the

Race Relations Act 1976 (“RRA”).

Article 13 extended the European Union's ability to

legislate in the area of discrimination by the issuing

of Directives. The general principles of Article 13 are

not by themselves legally binding, so to effect this,

the Council of Ministers approved two directives proposing

minimum standards of legal protection

against discrimination throughout the European Union,

and an Action Programme that effectively supports

practical efforts by member states to combat

discrimination.

Member states are now required to make discrimination

unlawful by way of an Employment Directive on

grounds of religion or belief, disability, age and sexual

orientation in the areas of employment and training.

The UK has taken steps to comply with this directive

through UK law by prohibiting all aspects of discrimination

except age, however the deadline to introduce

legislation to tackle age discrimination is almost upon

us, October 2006.

Anyone working or just travelling within the European

Union is entitled to the same minimum level of protection

from discrimination in all member states.

The RRA makes it unlawful to discriminate on racial

grounds in relation to employment, training and education,

the provision of goods, facilities and services

(including care), and certain other specified activities

only. The RRA makes employers liable for:-

acts of racial discrimination by public authorities

(but not all functions of public authorities

are covered), and

acts of racial discrimination committed by employees

in the course of their employment,

subject to a defence that the employer took

such steps as were reasonably practicable to

prevent the employee discriminating.

However, police officers are office-holders are not

employees - they were therefore not liable under this

Act for acts of race discrimination. In addition, companies

who employed less than 50 people did not fall

under the Act either.

There have since been significant changes by

amendments to the legislation including major

changes introduced by the Race Relations

(Amendment) Act 2000 and the Race Relations Act

1976 (Amendment) Regulations 2003 which strengthened

and extended the scope of the RRA; but did not

replace it. More specifically, it extended the scope of

the 1976 Act in relation to the following:-

outlaws race discrimination in public authorities'

functions not previously covered;

places a duty on specified public authorities to

work towards the elimination of unlawful discrimination

and promote equality of opportunity

and good relations between persons of different

racial groups;

ensures police officers are liable for acts of

race discrimination;

covers ALL employers, no matter how large or

small; and

amends the exemption under the 1976 Act for

acts done for the purposes of safeguarding

national security.

How might these Acts apply to care homes and to

carers?

One example is the Rose Addis case. There were

allegations of racism surrounding the hospital care of

Rose Addis, a 94 year old woman, because she refused

to accept care delivered by black nursing staff.

This raised employment and political issues. What

do you do when a client refuses care from someone

because of the other person’s race, sexuality or for

some other discriminatory reason?

If a non-English speaking Pakistani woman requested

care from a Pakistani carer, it would, doubtless,

be arranged on the basis of ease of communication

and/or cultural understanding. However, if a

Caucasian

woman refuses care from a Pakistani carer it could

be argued that this would not be because of communication

or cultural issues, but as a result of racism.

Is it appropriate to impose modern-day tolerance to a

generation who grew up in ignorance of these issues?

Would it be right to expose care workers to

possible abuse and/or complaints? The service provider

would have to weigh up the impact of sending

back a care worker to someone who has already refused

help and assistance from them.

This is something that needs to be tackled by individual

care providers, some may prefer to tackle issues

head on and others will prefer to provide a Caucasian

worker on request. The problem is that carers

may themselves have a ‘vulnerability’ and the balance

between vulnerability and prejudice is a fine

line. However, care providers will not want to be

seen as condoning racism nor to start a policy where

it may be perceived as acceptable for service users

to discriminate.

In another example, a London council failed to comprehend

or understand the seriousness of the racist

abuse experienced by social worker, Sandra Simpson.

She brought her case to Croydon Employment

Tribunal and her complaint was upheld - the conclusion

being that racist abuse was not something that

social workers should be expected to endure as part

of their job.

Simpson was a senior social work practitioner concerned

with the Council's court application to remove

five children from a family. The family's father subjected

Simpson to a number of strongly worded racial

comments and insults. She informed her managers

of the abuse but was subsequently 'invited to contact

the council's solicitors and pursue some course of

action with them' and that it was for Simpson 'to make

suggestions as what ought to be done' about the

abuser. The tribunal found that there was a failure to

provide 'appropriate support' which was a 'race specific

failure' concluding that there were 'unconscious

attitudes of discrimination' by the council.

Government attempts to address institutional racism

in the public sector, including the Best Value Indicators

on racial equality for 2000/01 and the Commission

for Racial Equality’s ‘Standard for Local Government’,

the LGA survey revealed that only about half

of local authorities know how many black and ethnic

minority staff they currently employ and most have

failed to review their policies to examine levels of po

tential or actual racial discrimination and harassment,

(of local authority responses to the Stephen Lawrence

Inquiry).

Until the issue of discrimination at work has been

tackled seriously one cannot claim that racism is no

longer a problem in society.

The EU has recognised that discrimination must be

challenged wherever it occurs and any countries

wishing to join the EU will have to adopt anti discrimination

measures before they would be permitted to

join. A person visiting or working in a Member State

will be able to pursue legal redress in the event of

experiencing racial discrimination.

The Commission for Racial Equality was originally set

up under the Race Relations Act 1976 and so has

been running for 30 years. Its three main duties are:

To use its existing legal powers to eliminate

racial discrimination and promote

equal opportunities

To encourage good race relations between

all ethnicities

To monitor the Race Relations Act to ensure

it is working and to recommend ways

it can be improved

The CRE can provide help, legal advice and support

to people who think they have been discriminated

against. The CRE can also investigate companies or

organisations suspected of racial discrimination, and

force them change any unsuitable policies and practices.

In this day and age it is more important than ever

that we all are aware of the multi-cultural society we

live in and to be considerate of those we perceive as

‘different’ whether it be their religious beliefs, their

sexual preference or race. It is just as important,

however, that we do not take things to the extreme

as is sometimes see reported in newspapers, striking

an even balance can be difficult, particularly so in the

workplace. By consulting with the people involved

and keeping each party informed, hopefully a harmonious

outcome will be achieved.

Not only can the Commission for Racial Equality help

those who have been discriminated against, the

CRE is just as keen to advise employers on how they

can improve the workplace and its practices. The

CRE website contains lots of helpful information

should you ever need it.

Crisis Intervention Line Number

Crisis Intervention Line 07855 855 588
available 24 hours 365 days

Contact us with a query

Contact us with a query on 0870 766 8400