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Both editions are © Brunswicks LLP 2007-08


BHCR 2007 Vol 2 Issue 46

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

This past week saw what some people may have

interpreted as the Chief Medical Officer, Prof. Sir

Liam Donaldson, seemingly taking leave of his

senses.

He came out with the staggeringly odd statement

that the taxpayer should not have to fund the

treatment of patients whose care had been cockedup

by the NHS and that NHS Trusts should pay for it

and that they should also face fines and penalties.

First, where does he think the NHS Trusts get their

funds from? Santa? No, surprise, surprise, its from

the taxpayer. A detail which seems to have been

overlooked.

Second, he also overlooks the fact that NHS Trusts

can already been fined and punished – there are

examples in some of the more recent issues of

BHCR of hospitals being fined in relation to patients

who fall, or jump, from windows in upper floors and

injure themselves; there is also the example of

Southampton University Hospital fined £40,000, last

year, for the needless death of a patient following

routine knee surgery.

Third, how will ‘inflicting’ greater penalties help the

apparently cash-strapped NHS.

Fourth, if one is seeking to encourage an open

culture where deficiencies are openly acknowledged

in anticipation of overcoming them it seems to me

that the approach suggested is misguided.

All in all this is not a ‘solution’ which enjoys my

support.

Having got that off my chest, I take this opportunity,

on behalf of everyone at Brunswicks to wish

you all a very happy Christmas and a peaceful, healthy

and prosperous 2008.

In an effort to not to increase your tasks in the week before Christmas we have decided not to include an article this week.

We will be taking a festive break at BHCR over the holiday season and our next publication, Vol 3, Issue 1, will be on 09.01.2008.

Meantime, our team of lawyers will be available to assist with crises if the need arises at any time over the

Christmas break:

Crisis Intervention Line: 07855 855 588

Parliament

18.12.07 – HoC – Oral Questions, Health

Ten Minute Rule Bill - Human Rights Act 1998

(Meaning of Public Function) - Mr Andrew Dismore

1 9 . 1 2 . 0 8 - C h r i s t m a s R e c e s s

Adjournment. Parliament sits again 07.01.08

Next

Abuse

1. National Care Association Appalled by

CSCI’s Report on Restraint

18 December 2007

NCA expressed grave concern and disappointment

at the latest report from the Commission for Social

Care Inspection (CSCI), the regulator of all registered

care providers.

NCA Chairman Nadra Ahmed OBE said: “Members

of NCA and indeed all care providers sustain CSCI

by the substantial fees we pay, to act in the best interests

of the service.

In return the public and responsible care providers

expect the regulator to carry out its responsibility to

ensure the health, safety and wellbeing of the people

in receipt of social care in regulated services.

That responsibility of CSCI must include the prevention

of abuse and inappropriate restraint within the

protection framework as an essential part of their

responsibility

NCA has always worked with CSCI over the years

but now question the motive behind the publication of

this report with its lack of balance as it fails the good

practice that there is throughout the responsible sector.

We believe this will lead to a loss of confidence

in CSCI by small and medium sized providers.

Having said that NCA and its members will view this

report seriously as it questions their credibility as responsible

providers.

It is essential that all care providers keep their practice

under continual review and we hope that as a

result of this report our members will review their policies

relating to restraint.

NCA itself will be looking at the training provided in all

facilities to ensure that our members are training their

staff appropriately.”

2. Rights, risks and restraints

17 December 2007 - CSCI

A 53 page report from CSCI seeking to raise the issue

of restraints – of all kinds, from physical restraints

of different types to subduing people using medicines.

Ed. The report has prompted a variety of reactions

and responses from different bodies. I have

not yet had time to read the full report, however, it

is based on a small sample of service users and

relatives plus complaints received by CSCI and

its inspectors findings. It therefore conveys extreme

practice but that is not, in my view, sufficiently

emphasised; accordingly, there is a real

danger of CSCI alienating providers and scaring

the public. This report is likely to ‘feed’ the frenzy

often seen in a certain part of the press.

Further, there seems to be some confusion on the

part of the author in relation to matters of human

rights and the level of applicability in care

homes. Either that, or, the report is written deliberately

in a style which will cause inexpert readers

to think that the Human Rights legislation is

directly applicable in private care settings.

3. Tied up, strapped to chairs, drugged, and

locked up. The restraint of older people is

under-reported in care homes

17 December 2007 Action on Elder Abuse

CSCI published a report (‘Rights, risks and restraints’),

stating that 'evidence from inspectors’ reports

reveal that levels of restraint are much higher

than those recorded by staff in care

homes. Inspection reports identified a tacit reluctance

to acknowledge that restraint occurs'. The report

describes older people being held in bed;

strapped into wheelchairs; blocked by chairs, tables

or stools; dragged by their hair and tied into chairs;

left in soiled pads for up to three hours; sedated;

locked into rooms; and threatened or intimidated.

Gary FitzGerald, Chief Executive of Action on Elder

Abuse (AEA), stated, “This is an appalling situation

that warrants immediate and urgent action and collaboration

between regulators and care providers to

stamp out such behaviour. These abuses are intolerable

and go way beyond debates about lack of dignity.

Restraint turns care into imprisonment and we

should not accept it.”

Noting that it is three years since the Health Select

Committee recommended the production of this report,

FitzGerald continued, “It is difficult to quantify

how many older people have been restrained in that

period of time, but it is more difficult to understand

why the report does not recommend more immediate

and concrete action to prevent further such

abuse. While we applaud CSCI in updating their

guidance for inspectors on restraint, we feel that this

matter requires a far more robust approach. Last

year CSCI produced a similar report on medication

abuse, but there is no evidence that it resulted in a

reduction in such abuse within the care home sector.

This is just not acceptable”.

AEA has consequently written to CSCI on this matter.

4. Abuse claims review

12 December 2007 - The Times

The Church of England is to review all claims of child

abuse to identify any cover-ups. All 43 dioceses

have been given 18 months to appoint an independent

reviewer and carry out the reviews.

Business News

5. Synergy aims to clean up helping the NHS

15 December 2007 - Daily Mail

Half page comment on the plans for Synergy Healthcare

to move from sterilisation of surgical instruments

and hospital linen into ward cleaning and

housekeeping services – it seems well placed to do

so.

6. BUPA wizard of Oz

15 December 2007 - Daily Mail

BUPA looks set to become the biggest company in

Australian private healthcare if plans to combine with

Australia’s MBF group.

7. Southern Cross

10 December 2007

Full year results: sales up £122m to £731.9m; number

of beds increased 18.6% to 34,304.

8. The blame game

December 2007 - Health Investor

Item about the report from the Public Accounts Committee

which is highly critical of the Private Finance

Initiative which it says is weakening and has not improved

in the four years since the PAC’s last report

on the subject.

9. Once bitten, twice shy

December 2007 - Health Investor

Article about the change of attitude to private sector

provision by the DoH/NHS and the apparent contradictions

of cancelling contracts for Independent Treatment

Centres and on the other hand seeking to woo

private provision to supplement the NHS.

10. A year to forget

December 2007 - Health Investor

A review of 2007 and comment about whether there

is reason to be more optimistic about 2008. The author

suggests there are reasons to be optimistic.

11. From showroom to boardroom

December 2007 - Health Investor

A profile of Claimar Care Plc and its CEO, Mark

Hales.

12. End of an era for the Southern Cross king

December 2007 - Health Investor

Two pages about the current CEO of Southern Cross

Healthcare Plc, Philip Scott who stands down at the

end of the month and hands on the baton to Bill

Colvin.

Care Homes

Nothing to report

Case Reports

Law Reports

13. B v (1) Reading Borough Council, (2)

Wokingham District Council & (3) Chief Constable

of Thames Valley

Where a claim that a local authority was vicariously

liable for the negligence of social workers was struck

out on the basis that it was not arguable that the social

workers owed a duty of care to a parent suspected

of child abuse, a claim that the local authority

owed a direct duty to the parent was similarly not arguable

as, in either case, it would have to be shown

that a social worker had been in breach of duty.

14. Pierce v Doncaster MBC

P, a 31yr old, successfully argued that Doncaster social

services should have taken him into care as a

child thereby sparing him the abuse suffered at the

hands of his parents. In the first case of its kind P

was awarded £25,000. Doncaster announced it will

petition the Court of Appeal for leave to appeal.

15. R v Breeze

R’s conduct in downloading 4,270 photographs/

pseudo-photographs of a child, contrary to the Protection

of Children Act 1978 s.1(1)(a), over almost

four years was not conduct at the’ very top of the

range of personal downloading’ and it was therefore

appropriate to substitute a custodial term of two years

with one of 15 months.

16. R (Paul and Ors) v Assistant Deputy

Coroner of Inner West London

A coroner was not entitled to read hearsay evidence

to the jury where he considered the evidence was

likely to be disputed and where the maker of the

statement was not able to attend court in person.

17. Saulle (by Gabrielle Saulle his sister and

Litigation Friend) v Nouvet

The court is required by the CPR r.21.1(2)(d), as

amended by the Civil Procedure (Amendment) Rules

2007 -, to apply the definition of legal capacity within

the Mental Capacity Act 2005 s.2(1) when deciding

whether he was a protected party as part of the determination

of whether a S had capacity to manage

his own property and affairs and to conduct the litigation.

18. Colwill v Oxford Radcliffe Hospital NHS

Trust

The hospital Trust was negligent where it had failed

to prescribe antibiotics within the appropriate time

where the patient was showing signs of infection.

19. Morrell v Owen & Others

Organisers of a sports event for disabled athletes

failed to provide adequate arrangements for the

safety of a competitor. A disabled archer was struck

on the temple by a discus, the archer suffered permanent

brain damage. Her claim succeeded.

20. R (Sheikh) v General Dental Council

The court terminated an interim suspension order

made under the Dentists Act 1984 s.32(4) against a

dentist convicted of conspiracy to defraud and offered

guidance concerning the imposition of an interim

suspension order and the powers of review

contained in s.32 of the Act.

Disciplinary cases

Nothing to report

Cases in the news

21. Jurors question guilt of killer childminder

19 December 2007 – The Times

An unprecedented statement made by two jurors, one

the Jury Forman, calls the role of expert witnesses in

trials arising from the deaths of babies and very

young children. The jurors have said that they do not

believe that Mrs Keran Henderson is guilty of killing a

child in her care by shaking it so violently that the

baby was left both blind and brain damaged. The

baby died days later. Mrs Henderson has been convicted

of killing the baby.

22. War pilot's care home mismanaged

14 December 2007- BBC News

An inquest into the death of Charles Hounslow, a former

World War II RAF pilot, has found the care home

where he spent some of his final days was "grossly

mismanaged".

Mr Hounslow, 85, died in hospital 11 days after falling

and breaking his hip at Miles Court in Brighton where

staff appeared to fail to notice the fracture for 37

hours, but the coroner said Mr Hounslow's death in

May from pneumonia was not caused by the delay.

For full report click here

23. Death care home owners released

13 December 2007 – BBC News

Care deaths police question pair

11 December 2007 – BBC News

Couple held over care home deaths

10 December 2007 – BBC News

Nurse Rachel Baker and her husband Leigh have

been arrested on suspicion of murdering five elderly

residents at a care home. The two were originally

questioned over the death of a woman at Parkfields

Residential Home in Butleigh, Somerset.

The pair were former managers of Parkfields.

For 10 Dec report click here

For 11 Dec report click here

For 13 Dec report click here

24. Council fine for foster failures

11 December 2007 – BBC News

Wirral Council has been fined and heavily criticised

for failing to make basic checks before putting two

children into foster car. The council was made to pay

£10,000 compensation by the Local Government Ombudsman

for placing the pair with a carer without following

regulations.

The council has been told to review its procedures to

ensure it does not happen again.

For full report click here

25. Sacked nurse loses appeal hearing

10 December 2007 – BBC News

A decision to sack psychiatric nurse, Karen Reissman,

was upheld at an appeal hearing.

Reissmann was suspended in June and found guilty

of gross misconduct by Manchester Mental Health

and Social Care Trust last month.

For full report click here

Children

26. Children in care seek rights boost in revised

minimum standards

13 December 2007 – Community Care

Children and young people have their say on

the revised national minimum standards for

children in care

13 December 2007 - GNN

Children and young people have urged the Government

to place their rights to be kept safe and having

a say in life decisions as a top priority in the new National

Minimum Standards for children’s social services.

The standards were first published in 2002, and are

currently being revised to fit in with the 2007 white

paper, Care Matters: time for change.

For full report click here

27. Social work is central – SCIE’s response

to the Children’s plan

11 December 2007 – SCIE

The Social Care Institute for Excellence has urged

the Government to use the expertise of social workers

to realise the aims set out in the Children’s plan.

SCIE wants schools to offer advice to parents and

teachers and to support and bring together evidence

from previous “community school” schemes to explain

what practice works and how it works.

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

mediareleases/2007/111207.asp

28. Childminder’s ‘babycam’ brings issue of

trust into sharp focus

11 December 2007 - The Times

Valerie Boccara, a French childminder, has become

the first nanny to install CCTV linked to a computer

so parents can watch their child from their workplace

computer.

Ed. We have considered the issue of webcams to

‘keep and eye’ on older people – known in the

USA as ‘Grannycams’. To read our articles on the

legal issues such technological solutions raise

look at BHCR Vol 2 Issue 23.

29. Foster children may be at risk

10 December 2007 - The Times

The child protection system established in response

to the death of Victoria Climbie is not working in respect

of children with ‘private’ foster parents such as

aunts, family friends and the like because it relies on

the foster parent notifying the relevant local authority.

Only 1,250 of the estimated 20,000 have done

so.

Conferences & Courses

30. Achieving Patient-led Services

Winning Contracts in the New Commissioning

Era

Wednesday 23rd January 2008 – Central London

In association with the NHSAlliance.

This conference will tackle the uncertainty which exists

around the question of the extent to which private

firms can be and will be involved in providing NHS

services. Industry insiders will provide clarification

concerning the level and type of business the comm

issioning framework will enable.

Keynote speaker Mark Britnell, Director General of

Commissioning and System Management at the Department

of Health, will anticipate the future of the

healthcare market and the enhanced provider role of

the private sector.

Delegates will learn more about how to improve commissioning

practice through improved understanding

of demand and strategic needs assessment. Lessons

from appointed private sector firms will also be provided

on how to take commissioning and contracting

forward.

The range of commissioning models available and

their similarities and differences will be explored in

depth and consideration will be given to the key issues

in contracting.

Other contributors include:

Professor Paul Corrigan, Director of Strategy and

Commissioning, NHS London

Dr Mo Dewji, National Clinical Director, Primary Care

Contracting Improvement Foundation

Derek Felton, Director of Commissioning Services,

Tribal

Dr Katrina Herren, Head of Business Development,

BUPA Commissioning Services

Tim Jones, Commissioning Specialist

Tim Riley, Chief Executive, Tameside and Glossop

PCT

Ruth Smith, Legal Adviser for HealthInvestor Event

Mike Sobanja, Chief Officer, NHS Alliance

Katherine Ward, Director of Commissioning, United-

Health, Europe

To book online please click here

For further details about this event please either:

Email carolyn.spring@healthinvestor.co.uk; or call

the events team on 020 7451 7067.

31. National Children's Commissioning Conference:

"Accountability for Outcomes"

11 and 12 February 2008

Hilton Metropole, London"Effective joint planning and

commissioning is at the heart of improving outcomes

for children and young people." (DCSF, October

2007).

Following the success of our first national health and

social care commissioning conference in July, CareandHealth

has decided to hold the first National Children's

Commissioning Conference and Exhibition of

its kind. We intend to lead the way in defining and

developing the meaning of commissioning in children's

services from 2008.

Along with key messages from the government and

DCSF, we will also have the opportunity to hear from

commissioning experts in local authorities and beyond,

service providers and voluntary agencies.

The conference will explore the significance and application

of service commissioning, as a means to

deliver Every Child Matters outcomes in integrated

children's services, and to provide a learning and networking

environment that energises all service stakeholders

to develop a greater national consensus

about joint commissioning for results and all the accountabilities

of the local authority.

To be at the forefront of discovery - to find new ways

to improve outcomes for children and young people,

be inspired by sector experts, learn about best practice

and share your experiences - join us for this unmissable

two-day national conference and exhibition.

To find out more about this stimulating and informative

event, and to reserve your place, click here to

visit our website, which has details of our themes,

speakers, venue and exhibition space.

32. Retirement Housing - One Day Conference,

27th February 2008

Thistle City Barbican, London, EC1

10.00 Surveying the market for retirement housing

including demographic trends across

the market

Barbara Laing, Managing Director - Housing Services,

Anchor Trust

10.30 Exploring opportunities in the growth of

Retirement Villages in the UK

Nick Sanderson, CEO, Raven Audley

11.30 Analysing the impact of retirement housing

on the wider residential market

Jim Ward, Head of Residential Research, Savills

12.00 Charting the growth of supply in luxury

retirement properties and challenges for

existing and new market entrants

Anthony Oldfield, Senior Associate, Healthcare, King

Sturge LLP

12.30 Exploring housing policy and partnerships

for retirement property development

Mark Wagstaff, Policy Advisor, Housing Corporation

14.00 Focusing on lending and finance for retirement

housing and the emergence of

specialist finance including mortgages,

tax, and equity

Paul Moran, Area Director - Head of Healthcare,

Bank of Ireland

14.30 Managing land acquisition and planning

strategies for retirement property

Neil Rowley MRTPI, Associate Director, Commercial

Planning, Savills

15.30 Evaluating marketing strategies to reach

retirement property customers

Martin James, Director, Retirement Homesearch

16.00 Case Study - St George’s Park Augustinian

Living – working with community

stakeholders to create added value in retirement

living

Philip Smith, Marketing Director, Augustinian Living

FAX the completed form to +44 (0) 20 7970 4799

Call +44 (0) 20 7970 4770

Book Online @ www.housing-strategy.com

Post a copy of this form together with your payment to

Centaur Conferences, 50 Poland Street, London, W1F

7AX

33. Extracare Housing - One Day Conference

- 28th February 2008

Thistle City Barbican, London, EC1

10.00 Surveying the market for extracare provision

and niche opportunities for the independent

sector

David Driscoll, CEO, Signature Senior Lifestyle

10.30 Reviewing partnerships and funding in extracare

housing projects

David Weiss, Head of Partnerships and Property,

Kent Adult Social Services

11.30 Health and social care partnerships in extracare

provision

Trevor Edwards, Housing LIN, Department of

Health

12.00 Choices in Long Term Care

Sue Collins, Principal Policy and Public Affairs Manager,

Joseph Rowntree Foundation

Charting the trends and gaps in the development

of extracare housing supply

Tom Whittington, Head of Healthcare Research,

Savills

14.00 Designing sustainable extracare housing

Anne-Marie Nicholson, Director, PRP Architects

14.30 Developing medicare and extracare assistive

technology in housing

Denise Gillie, Associate, Care Services Improvement

Partnership, Department of Health

15.30 Promoting total care concepts including

self support, independent living and well

being in extracare services

Sarah Vallelly, Research Manager, Housing 21

16.00 Developing Sustainable Retirement Communities

Simon Evans, Senior Research Fellow, Health Training

& Research Centre, University of the West of

England

FAX the completed form to +44 (0) 20 7970 4799

Call +44 (0) 20 7970 4770

Book Online @ www.housing-strategy.com

Post a copy of this form together with your payment to

Centaur Conferences, 50 Poland Street, London, W1F

7AX

34. RCN Independent Nurse Managers Forum

Conference: Improving practice...improving

care

The RCN will be holding a conference on Saturday 8

March 2008 at Cowdray Hall, RCN Headquarters,

London. The conference will examine the evolution

in the provision of health care and how independent

providers can look for ways to better assist the community

they serve. For further information please

contact the organiser: Guillia Ward; independent@

rcn.org.uk or visit www.rcn.org.uk/events

35. ICHA Annual Conference : Investing in

Children

The intelligent use of residential child care

Wednesday 27 February 2008, Regent’s College

Conference Centre, London

The ICHA Annual Conference, organised in partnership

with CareandHealth will provide a unique opportunity

to explore with providers and commissioners

why investment in high quality residential care for

children must be sustained and developed and to

consider the impact of the plans laid out in Care Matters:

Time for Change White Paper and the new legislation

in the Children in Care Bill.

The conference will also allow providers for residential

care to consider with Local Authority senior managers

and commissioners how to ensure they can

help meet the challenge of ensuring that every child

in care has the 'right placement' and is able to experience

both stability and also the continuity of relationships

which, together, can lead to succesful outcomes.

Speakers include:

Christine Gilbert - Chief Inspector of Ofsted, Kevin

Brennan, Minister at DCFS, Andrew Christie - Director

of Children's Services, London Borough of Hammersmith

and Fulham and ADCS lead on Care Matters,

Jonathan Stanley, Principal Officer at the National

Centre for Excellence in Residential Care,

Benni-Jo Tyler - A National Voice.

Chair for first session: David Kidney - Chair of All

Party Parliamentary Group on Children in Care.

For more details go to www.careandhealth.com

Email: conferences@careandhealth.com

Tel: 0845 055 9207

Fax: 0871 901 7774

Consultations

36. Have your say – Consultation on the

regulations for Local Involvement Networks

(LINks)

Closing date: 21 December 2007

The Government is aiming to strengthen the ability of

local communities to influence what health and social

care services are provided and how they are run.

The Local Government and Public Involvement in

Health Bill contain proposals to establish Local Involvement

Networks (LINks) to help achieve this

aim. LINks will have specific powers to hold local

health and social care services to account. This consultation

document outlines draft versions of these

regulations, explains more about them, and asks for

views and comments on them.

For consultation click here

37. NICE: Current consultations

To browse through consultations go to http://

www.nice.org.uk/page.aspx?o=consultations.current

38. The Responsible Pharmacist: Consultation

on the Content of the Responsible Pharmacist

Regulation

Closing Date: 20 January 2008

This paper sets out proposals for the content of the

Responsible Pharmacist Regulations that follow on

from changes to the Medicines Act 1968 through the

Health Act 2006. There currently a statutory requirement

on Ministers to consult on changes to the Medicines

Act.

For full consultation click here

39. NHS Identity Scheme for Dental Practices:

Providing NHS dentistry

Closing Date: 21 January 2008

A consultation seeking views on proposals to introduce

quality criteria in association with the roll-out of

increased use of the NHS identity in selected primary

care dental practices.

For full report click here

40. Mental Health: Draft Revised Code of

Practice and Secondary Legislation

Closing Date: 24 January 2008

DoH are now consulting on the draft revised Mental

Health Act 1983 Code of Practice and draft secondary

legislation under the Mental Health Act 2007

(the 2007 Act).

The consultation is relevant to all NHS and social

care managers and professional staff with responsibility

for services for people with mental health problems.

For full report click here

41. Future of the Standing Dental Advisory

Committee: consultation document

Closing Date: 31 January 2008

This consultation document explains how the Department

has made increasing use of bodies like the National

Institute for Health and Clinical Excellence

(NICE), and subject specific committees, for obtaining

clinical advice in dentistry; and also proposes that the

Standing Dental Advisory Committee (SDAC) be

abolished.

For full consultation click here

42. National Studies Consultation for Health

2008-09

Closing Date: 31 January 2008

A consultation describing details of a proposed studies

programme for 2008-09. It is seeking responses

on the programme's usefulness and appropriateness,

the scope and timing of individual studies, and potential

for overlap and collaboration with others.

For full consultation click here

43. Protection of Vulnerable Groups

(Scotland) Act 2007: Secondary Legislation

Closing Date: 12 February 2008

Proposals for secondary legislation required to implement

the vetting and barring scheme introduced

through the Protection of Vulnerable Groups

(Scotland) Act 2007.

The new scheme will not only collect disclosure information

but also assess it, and will continue to collect

vetting information about an individual after the initial

disclosure check has been made. There will be a

separate children's and adult's list and the scheme

will remove the need for continued disclosure. The

lists will be managed by a Central Barring Unit (CBU).

For consultation click here

44. Towards a framework for postregistration

nursing careers: a national consultation

Closing date: 15 February 2008

This consultation sets out options for a new careers

framework for post registration nursing. It fulfills a

commitment in Modernising Nursing Careers setting

the direction (2006) to align nursing careers with the

NHS Careers Framework and develop new career

paths for nursing. It proposes a framework built

around patient care pathways and seeks responses

from as many people as possible before any further

work is done.

For consultation click here

45. Comprehensive Area Assessment consultation

launched

Closing Date: 15 February 2008

CSCI is asking for you to have your say on how the

Comprehensive Area Assessment (CAA), the new

independent report on whether people are getting

value for money from their local services, will work.

For full report click here

46. Safeguarding Vulnerable Groups Act

2006/Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007, policy consultation

document

Closing Date: 20 February 2008

The implementation of the Independent Safeguarding

Authority scheme under the Safeguarding Vulnerable

Groups Act 2006 will introduce the most stringent

vetting and barring service yet with the scheme

protecting both children and vulnerable adults by preventing

those who are known to pose a risk of harm

from accessing these groups through their work. The

consultation is seeking views on a wide range of policy

issues that will ensure the successful implementation

of the Act.

For full consultation click here

47. Childcare Act 2006: Future approach to

fees and subsidies

Closing Date: 20 February 2008

Consultation seeking views on the proposed structure

and level of fees payable to Ofsted by childcare providers

joining the Early Years Register or compulsory

part of the Ofsted Childcare Register from September

2008. It also proposes changes to subsidy arrangements.

For full consultation click here

48. Transforming tribunals: Consultation

Document

Closing Date: 22 February 2008

The tribunals service has just produced its consultation

document. This document will have a very significant

impact on the future of the Care Standards

Tribunal.

It is available for downloading on http://www.tribunals.gov.uk/

latestnews.htm

49. Consultation on the Health Care and Associated

Professions Order 2008

Closing Date: 22 February 2008

Consultation seeking views on the Healthcare and

Associated Professions Order, which is the first in a

series of orders that will take forward the reforms for

professional regulation identified in the white paper,

Trust, Assurance and Safety.

For full consultation click here

50. Improving health, supporting justice: a

consultation

Closing Date: 4 March 2008

The publication of this document is the start of a consultation

process on how health and social care services

can be improved for people subject to the criminal

justice system. This is a joint initiative between

the Department of Health, Department of Children,

Schools and Families, Ministry of Justice, Youth Justice

Board and the Home Office.

For full report click here

51. Finding a Shared Vision of How People's

Mental Health Problems Should Be Understood:

Consultation on guidance

Closing Date: 5 March 2008

Consultation seeking views on draft guidance on how

people’s mental health problems should be understood.

The guidance is aimed at everyone involved in

the development and delivery of services, including

people that use services and their carers.

For full consultation click here

52. Improving Specialist Disability Employment

Services: Public consultation

Closing Date: 10 March 2008

This consultation seeks views on proposals to reform

the department's disability employment services that

help disabled people who have complex issues to

find, retain and progress in work. The department is

interested to hear from disabled people, employers

and organisations who represent the interests of disabled

people.

For full consultation go to http://www.dwp.gov.uk/

resourcecentre/des-consultation.asp

53. A better life for people with learning disabilities

4 December 2007 - GNN

Care Services Minister Ivan Lewis launched a consultation

to seek views on the priorities for learning disability

for the next three years.

'Valuing People Now - From Progress to Transformation'

is a cross-government consultation which sets

the agenda across a range of issues, including

health and well-being, housing, employment, education

and community inclusion. It builds on the vision

set out in Valuing People (2001) which was the first

white paper on learning disability for thirty years - a

vision based on the four main principles of rights,

independence, choice and inclusion.

The key areas it will focus on are:

* the personalisation agenda - having choice and

control through individual budgets, direct payments,

person centred planning and advocacy;

* what people do - helping people to be socially included

in their local communities, with a particular

focus on paid work;

* better health - ensuring that the mainstream NHS

provides full and equal access to good quality healthcare

and that specialist healthcare services are modernised;

* access to housing - ensuring that people have access

to housing that they want and need with a focus

on home ownership and real tenancies;

* making sure that change happens - making learning

disability partnership boards more effective and

checking that the things we say should happen do

actually happen.

The consultation will run until 11th March 2008 and

can be accessed at: http://www.dh.gov.uk

CSCI, CSSIW, Healthcare

Commission &

Scottish Care Commission

54. National Care Association Appalled by

CSCI’s Report on Restraint

For full report see Abuse—item 1

55. Rights, risks and restraints

17 December 2007 - CSCI

A 53 page report from CSCI seeking to raise the issue

of restraints – of all kinds, from physical restraints

of different types to subduing people using medicines.

Ed. The report has prompted a variety of reactions

and responses from different bodies. I have

not yet had time to read the full report, however, it

is based on a small sample of service users and

relatives plus complaints received by CSCI and

its inspectors findings. It therefore conveys extreme

practice but that is not, in my view, sufficiently

emphasised; accordingly, there is a real

danger of CSCI alienating providers and scaring

the public. This report is likely to ‘feed’ the frenzy

often seen in a certain part of the press.

Further, there seems to be some confusion on the

part of the author in relation to matters of human

rights and the level of applicability in care

homes. Either that, or, the report is written deliberately

in a style which will cause inexpert readers

to think that the Human Rights legislation is

directly applicable in private care settings.

56. Care Commission Forum Presentations

14 December 2007 – Scottish Care Commission

The Care Commission Forum’s presentation documents

are available at the link below. The Conference

took place at the Beardmore Conference Centre

on Tuesday 4 December 2007.

For full report click here

57. CSCI signs up to shared vision on adult

social care

14 December 2007 – CSCI

The Commission for Social Care Inspection has put

its signature to the Government’s new social care

reform programme. The agreement has been signed

by social care organisations, trade associations and

six government departments and it is a shared vision

and commitment to the transformation of adult social

care.

Dame Denise Platt, Chair of CSCI, said:

“With this initiative, people should expect their experiences

of social care to change considerably as they

find themselves with greater control and choice over

how they receive services.”

"We are particularly pleased that the Government is

looking to CSCI to assist in monitoring how the social

care reform agenda programme is actually delivered.”

For full report click here

58. Report calls for national guidance for

emergency ambulance volunteers

13 December 2007 – Healthcare Commission

A survey by the Healthcare Commission shows that

ambulance trusts value schemes but that a standard

management approach is needed.

The Commission has called for national guidelines to

be developed so that ambulance trusts can manage

and govern their community first responder schemes

consistently.

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

n e w s a n d e v e n t s / p r e s s r e l e a s e s . c f m ?

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59. Have you replied to our quality rating letter?

11 December 2007 – CSCI

CSCI is urging care providers to respond to its letter

offering the chance to have your current quality rating

published in the New Year.

For full report click here

60. Section 20 – Urgent Cancellations

11 December 2007 – Healthcare Bi-Weekly

In this issue there is extensive coverage of the issue

of urgent cancellation of registration of care homes

under section 20 Care Standards Act 2000. There

are comments, articles and letters from a range of

solicitors.

61. Comprehensive Area Assessment consultation

launched

10 December 2007 – CSCI

CSCI is asking for you to have your say on how the

Comprehensive Area Assessment (CAA), the new

independent report on whether people are getting

value for money from their local services, will work.

For full report click here

62. Annual Returns - Frequently Asked Questions

10 December 2007 – Scottish Care Commission

A list of frequently asked questions relating to the

completion and submission of the annual returns

document for the 2008-2009 inspection year.

For full report click here

63. On your toes

December 2007 - Health Investor

Article which posits the argument that the activities of

new ‘super regulator’ the Care Quality Commission is

likely to favour the larger care providers and will

probably raise the barrier for entry into the care sector.

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

64. Hospital's hygiene 'is appalling'

12 December 2007 – BBC News

Health watchdog, the Western Health and Social Services

Council has criticised Erne Hospital in Enniskillen

for its “appalling levels of hygiene”. The comments

were made after an unannounced visit to the

maternity, elderly care and medical wards in October.

For full report click here

Scotland

65. Trainee doctors asked to pledge commitment

to Scotland

15 December 2007 – The Herald

The SNP Government wants trainee doctors to show

their commitment to Scotland in a bid to separate

those dedicated to Scotland from those who just want

any job.

The move comes after predictions that there will be

massive competition for places from English and

overseas candidates.

66. Increase in doctor training posts

14 December 2007- BBC News

The Scottish Government will be increasing the number

of GP training places and improve support for

student nurses.

For full report click here

67. NHS workforce planning

14 December 2007 – Scottishgov

Better Health, Better Care: Planning for Tomorrow’s

Workforce Today has been published. It is a strategy

to ensure that the NHS workforce is fit for the future

and ensure that the NHS has the right staff in the

right place with the right skills at the right time in order

to deliver high quality care.

Training numbers for doctors, nurses and midwives

has also been set out, to ensure that there are sufficient

numbers of staff being trained to meet future

service need, with a further investment of £10 million

to be provided for 150 extra posts in GP training.

For full report click here

68. Ambulances Missing 8-minute Targets

For Emergency Patients

14 December 2007 – The Evening Times

A new report has revealed that ambulances are failing

to reach dangerously ill patients within eight minutes.

Paramedics reached 55.7% of life threatening

emergencies last year within eight minutes which is

lower than the target of 64% and down 2.8% on the

previous year.

Public spending watchdog Audit Scotland has said a

huge rise in 999 calls since GP surgeries stopped

working after 6pm has been a major factor in the performance

slump and the report also noted a sudden

surge in patients attending A&E departments.

69. Radical Shake-up Of Health Services Revealed

13 December 2007 – The Herald

Scottish Health Secretary, Nicola Sturgeon has announced

sweeping changes to the NHS will include

walk-in medical appointments being offered at railway

stations and shopping centres.

She also unveiled moves to make GPs open outside

office hours, and plans to set down patient rights in a

charter.

The steps are part of the SNP health strategy Better

Health, Better Care, which she launched in the Scottish

Parliament.

70. Patient 'walk-in access' plans

12 December 2007 – BBC News

The Scottish Government has announced plans to

give patients walk-in access at pharmacies for a

range of treatment. Members of the public will also

be able to get treatment for minor injuries and sexual

health screening.

For full report click here

71. Health staff 'fear blame culture'

12 December 2007 – BBC News

Quality Improvement Scotland has found that some

NHS staff do not report accidents involving patients

or colleagues because of their fear of the consequences

of admitting a mistake. The staff survey by

the watchdog noted that the health service was better

at reporting incidents than other industries.

For full report click here

72. Enforcers target hospital smokers

12 December 2007 – BBC News

A hit squad is set to circle hospital grounds and enforce

the smoking ban in hospital grounds. NHS

Greater Glasgow and Clyde said that eight cessation

enforces will patrol the grounds of all acute hospitals

in Glasgow and ask smokers to sub out their cigarettes,

as well as offer advice on kicking the habit.

For full report click here

73. GP protection 'should go further'

10 December 2007 – BBC News

Trade unions have criticised legislation for not going

far enough to protect doctors and community nurses

from attack. Medical staff working in a hospital or

responding to an emergency are protected by the

law, but the Emergency Workers Act is to be extended

to health workers on non-urgent calls.

Unison's Scottish organiser Dave Watson welcomed

the extension, but said he was very disappointed that

it had not been extended to other non-emergency

workers, such as social workers and traffic wardens.

For full report click here

Wales

74. Up to 3,000 patients' data stolen

14 December 2007- BBC News

The details of up to 3,000 NHS patients may have

been on a computer stolen from a doctors' surgery.

The laptop belonged to the Diabetic Retinopathy

Screening Service (DRSS) and contained patients'

names, addresses, dates of birth and phone numbers.

Cardiff and Vale NHS Trust said the laptop was

coded with passwords and had three levels of protection.

For full report click here

75. Funding row delays NHS equipment

13 December 2007- BBC News

A woman with disabilities had to wait three years for

vital equipment simply because NHS bodies could not

agree who should pay for it.

In 2003, carers said Sarah Dadd, 28, from Cogan

near Cardiff, should be given a specialist bed. In 2004

they said she needed a specialist chair too.

Ombudsman Adam Peat has criticised two NHS

trusts and a local health board for not providing the

equipment until 2006. He also recommended that Ms

Dadd's parents be given £2,000 compensation.

Ms Dadd, has a learning disability, epilepsy and cerebral

palsy.

For full report click here

Ed. It is not that long ago that the Information

Commissioner said that he would consider prosecutions

if laptop computers were lost with personal

information available. However, the fact

that the data is apparently protected by passwords

may mitigate. Better security would be to

encrypt the data as well as password protecting

it. Doubtless with all of the losses of data by Government

the Info Commissioner has his hands

full!

Volume 2 Issue 46

76. New children's 'champion' named

12 December 2007 – BBC News

The new children’s commissioner for Wales has

been confirmed as Keith Towler. Mr Towler is the

head of Save the Children in Wales.

For full report click here

77. Gaps in learning disability care

12 December 2007 – BBC News.

A new report by the Healthcare Inspectorate Wales

(HIW) said there were major gaps in the learning disability

support system especially at school leaving

age. Some patients live far away from their families,

and should be offered the chance to live nearer.

HIW made 27 recommendations in all.

About 60,000 Welsh have some form of learning disability.

For full report click here

Learning Disabilities

78. Good practice in learning disability nursing

14 December 2007 – DoH

Document giving good practice guidance to support

learning disability nursing to make a major contribution

to the health and well-being of people with a

learning disability in the future.

For full report click here

79. Learning disabilities: councils to take

NHS role

13 December 2007 – Community Care

A proposal has been outlined in the Valuing People

Now: From Progress to Transformation, to transfer

commissioning powers for learning disability social

care services has been given support by most of the

sector.

The paper followed a damning Healthcare Commission

audit, A Life Like No Other which was published

the day before and exposed nationwide institutional

failures at specialist in-patient healthcare services for

people who have learning disabilities.

For full report click here

80. Funding row delays NHS equipment

13 December 2007- BBC News

For full report see Wales—item 75

81. The school that gives lessons in how to

play with autistic children

11 December 2007 - The Times

Item about Treehouse School, North London, and

how it helps siblings of autistic children relate to their

brother/sister. Treehouse is one of the charities supported

by The Times Christmas Appeal this year.

82. Personal care budgets and extra £520

million to transform care for older and disabled

people

10 December 2007 - GNN

For full report see Miscellaneous—item 105

83. Heather’s fabulous flourish wins national

art competition

6 December 2007 -

Local artist Heather Fletcher, a tenant of Cherrywood

Supported Living Service, has won the Grand Final of

Craegmoor Healthcare’s national art competition.

Heather, a prolific artist, submitted a number of entries

to the competition. Acclaimed fellow artist John

Waterhouse who was one of the main judges of the

competition stated: “The standard of the art submitted

was extremely high and we all had a difficult time selecting

the pieces that were chosen for each of the

heats, but there was a clear winner from all the online

votes.”

Legislation Update

84. The Sex Discrimination Act 1975

(Amendment) Regulations 2007

12 December 2007 – OPSI

For full legislation click here

Mental Health

85. Key mental health unit to close

17 December 2007 – BBC

Psychiatrists say a decision to close a unit which offers

unique help to people with complex mental health

problems will harm vulnerable patients.

The NHS trust which ordered the closure of the Henderson

Hospital in Sutton, Surrey says it made the

decision "with great sadness".

Doctors have pinned the blame on changes made by

the government to funding arrangements.

It does intensive work with people who have a moderate

or severe personality disorder.

This means they have enduring emotional and behavioural

problems which can involve them harming

themselves or others.

A year ago, the hospital received national funding,

and had a six-month waiting list. Then funding

passed to local NHS trusts, and referrals dwindled.

Currently, only 12 of its 29 beds are occupied.

Residential care is expensive - but psychiatrists say

the cost of treatment at the Henderson Hospital is

recouped in the long run because, after patients

leave, they tend to be far less dependent on other

services.

86. NHS criticised over axe killing

14 December 2007- BBC News

An inquiry has found that a man hacked to death with

an axe might not have died if his killer’s mental

health care had been adequate in the first place.

Paranoid schizophrenic Garry Taylor, 39, was jailed

indefinitely for killing Colin Johnson, 40, of Sunderland

and at the time, the 39-year-old was receiving

care from South of Tyne and Wearside Mental

Health NHS Trust.

The independent panel said that the quality of his

treatment had been poor.

For full report click here

87. Mental health 'costs UK billions'

13 December 2007 – BBC News

The Sainsbury Centre for Mental Health has announced

that mental health problems are costing

British businesses on average up to £1,000 a year

for every employee.

This brings annual cost to employers, including time

off work and lost productivity to nearly £26bn. Most

firms vastly underestimate the problem, but could

make big savings with a few simple steps.

For full report click here

88. Cheshire and Wirral NHS trust backs HSE

policies to reduce stress

10 December 2007 - GNN

Cheshire and Wirral Partnership NHS Foundation

Trust is taking pro-active measures to address the

situation and has seen a resultant improvement in

sickness, absence and staff turnover levels.

Judith Hackitt the Chair of HSC had a stark reminder

for employers, saying: "We need to make a conscious

effort to tackle workplace stress as we have

lost nearly 14 million working days due to stress last

year. It cannot be eliminated, but must be managed

with our workforces' wellbeing in mind.”

Stress, anxiety and depression accounted for 18% of

total sickness absence in 2005 and reduced at its

lowest point in June 2007 - to 8.43% of total sickness.

Miscellaneous

89. European open health market will allow

NHS patients to beat queues

18 Dec 2007 The Times

19 Dec 2007 BBC Radio 4, Today

19 Dec 2007 BBC News

For full report see NHS—item 109

90. 'U-turn' over sight-saving drugs

14 December 2007 – BBC News

The National Institute for Health and Clinical Excellence

(NICE) has reversed a controversial decision to

limit drugs for a major cause of blindness.

After 13,000 complaints, the body is now recommending

that NHS patients with wet age-related

macular degeneration should be eligible for 14 injections

of Lucentis per eye, but a second drug,

Macugen, is still not recommended for use on the

NHS.

For full report click here

91. Cost of Regulatory Merger

14 December 2007 – ECCA

The English Community Care Association (ECCA)

responded to the suggestion that the merger of the

regulator will cost £300m.

Martin Green, Chief Executive of ECCA, says:

“At a time when the sector is facing severe financial

pressures with ever increasing cost base and local

authorities holding fees to low levels and in many

cases not giving any increases which is a cut in real

terms, the Government need to look carefully at the

enormous cost of the regulatory merger. Quite

frankly, we need more money in the services and less

in the system”.

92. Quango costs £300m

14 December 2007 - The Times

Merger of CSCI, the Healthcare Commission and

Mental Health Commission is set to cost £300m an

amount equivalent to the savings made by the three

regulators.

Ed. This seems yet another cock-eyed scheme to

save cash. It reminds me of the old joke; I saved

£50 I bought 1000 tins of beans! It would be

funny if it wasn’t such a monumental waste.

93. Discworld author has early Alzheimer’s

13 December 2007 - The Times

Best-selling author Terry Pratchett has announced

that he has been diagnosed with Alzheimer’s disease.

This will draw greater attention to the condition.

94. Ambulance funding 'to save lives'

11 December 2007 – BBC News

West Midlands Ambulance Service is calling for extra

ambulance funding of £5m to help facilitate faster response

times and more lives being saved. The cash

would apparently buy 30 rapid response vehicles,

usually manned by one member of staff and pay for

extra paramedics.

New national targets to be set in April mean the 10

ambulance trusts in England will have to respond to

calls more quickly.

For full report click here

95. The beginning of the end for ambulances?

11 December 2007 – BBC News

Article looking at the history of ambulances and how

it may evolve in the future.

For full report click here

96. Couple held on suspicion of 5 murders at

care home

11 December 2008 The Times

Leigh & Rachel Baker who worked at a care home

owned by Mr Baker’s parents have been arrested on

suspicion of murder, theft, unlawful possession of

controlled prescribed drugs and attempting to pervert

the course of justice.

They are thought to have murdered elderly residents

at the care home.

97. Head of Regulation

The General Osteopathic Council is looking to recruit

a lawyer to lead on regulation at a salary of £70,000.

98. I can’t say sorry for something I didn’t do

11 December 2007 - The Times

In a two page article Prof. David Southall seeks to

set the record straight make the public aware of his

point of view and explain his conduct following the

decision last week by the GMC to strike him off the

medical register.

99. Campaigners argue for abolition of

‘outdated’ Hippocratic Oath

11 December 2008 The Times

Leaders of the medical profession in Italy are seeking

to abolish the obligation on doctors to heal the

sick.

100. Christmas Opening Hours

3 December 2007 – CRB

CRB’s Christmas opening times are published via this link

101. Plans to cut charity red tape go to consultation

11 December 2007 - GNN

Phil Hope, Minister for the Third Sector, and Dame

Suzi Leather, Chair of the Charity Commission, have

jointly published, for consultation, a package of proposals

to increase various financial thresholds for

charities. If implemented, these would free up resources

for up to 75% (125,000) of registered main

charities and help ensure they are not disproportionately

burdened by regulation.

The aim of the proposals is to reduce administrative

burdens on charities while maintaining an effective

regulatory framework. The main proposals are:

* only registered charities with an income above

£25,000 would need to prepare a Trustees Annual

Return, currently a requirement for all registered

charities;

* the income threshold of £10,000, above which

charities must submit their annual accounts to the

Charity Commission would increase to £25,000;

* the income threshold of £10,000, above which

charities must have their accounts externally examined,

would increase to £25,000; and

* the threshold of £100,000, above which a charity

must prepare accruals accounts (as opposed to simpler

receipts and payments accounts), would be

raised to £250,000. These measures will enable thousands

of registered charities to meet their accounting

and reporting obligations in a simpler and less expensive

way.

The consultation document is available at: http://

ww2charity/enhancingcharities/consultations.asp

The Cabinet Office and Charity Commission have

both published simplification plans today as part

of a cross government initiative to reduce the administrative

burden of regulation. For further information

please see: http://bre.berr.gov.uk/

regulation/reform/simplifying/plans.asp

102. ECCA signs Concordat on the Future of

Social Care

10 December 2007 - ECCA

The English Community Care Association (ECCA)

has signed the Concordat Putting People First which

identifies a vision for the future of social care.

Martin Green, Chief Executive of ECCA, said:

“The Concordat raises the profile and importance of

social care and gives us all a clear framework on

which to develop our future policies. This new approach

must be measured in the delivery as much as

the policy”.

103. Tasting their own medicine

December 2007 - Health Investor

Article about the prospect of GPs finding themselves

taken to European Court because of a conflict of interest

between their dual role of commissioner of services

and provider status arising because of practice

based commissioning.

104. Ivan Lewis returns

December 2007 - Caring Business

A ‘Winter Summit’ of care providers and the Minister

responsible for social care, Ivan Lewis, is reported on

extensively. The key issues which seem to have

come out of the Summit is the Minister’s view that

providers need to ‘raise their game’, be clear about

what social care means and place dignity at the heart

of services.

105. Personal care budgets and extra £520

million to transform care for older and disabled

people

10 December 2007 - GNN

Health Secretary Alan Johnson announced an extra

£520 million of ‘ring fenced’ funding to transform Social

Care over the next three years through the introduction

of Personal Care budgets.

In the concordat "Putting People First" Central Government,

Local Government, the professional leadership

of adult Social Care and the NHS have jointly

committed to a radical transformation of Care Services

over the next three years.

In addition to Alan Johnson, five cabinet members

have also signed 'Putting People First' as lead partners

with involvement in the reform process:

- Chief Secretary of the Treasury Andy Burnham,

- Communities Local Government Secretary, Hazel

Blears,

- Secretary of State for Innovation, Universities and

Skills, John Denham,

- Education Secretary Ed Balls,

- Work and Pensions Secretary Peter Hain,

- Leader of the Local Government Association Sir

Simon Milton,

- NHS Chief Executive David Nicholson, and

- President of the Association of Directors Adult Social

Care Anne Williams.

Key elements of the transformation programme in

every community will include:

- Giving the vast majority of people who receive

funded care their own personal budgets so they can

choose the support services they want for themselves

of a family member. An increasing number of

people to utilise direct payments.

- High quality care homes, home care and day services

to be rewarded, poor performers failing to respect

people's dignity no longer used by local councils

and the NHS.

- Initiatives such as first-stop shops becoming common

place so that everyone will have access to advice

and advocacy about community services, such

as local community equipment providers, fall services

or domiciliary support and transport links.

- Investing in support that keeps older people healthy

and tackles loneliness and isolation.

- Closer collaboration between the NHS and local

government so that people receive more coordinated

and efficient support in the community.

Prime Minister Gordon Brown said:

"Support for individuals and families when they need

it is of vital importance to all of us. These proposals

for personal budgets will allow all those who would

benefit from a personal budget to receive one, putting

real control into the hands of those in care and their

carers, leading to far more personal and responsive

care."

Health Secretary Alan Johnson said:

"One of my top priorities is to develop a new care

system which gives people maximum control over

their own support services

"This is a groundbreaking concordat because it is

the first ever attempt by Central Government to

co-produce a major Public Service reform in this

case with local government, the NHS, people who

use services and their carers.”

106. Christmas Opening Hours

3 December 2007 – CRB

CRB’s Christmas opening times are published via this link

NHS

107. Public vote on website genitals

19 Dec 2007 – BBC.co.uk

The NHS is asking patients whether a new interactive

body map should be correct in every detail - or

whether the genitals should be left off.

The body maps have been developed for the NHS

Choices website and are to be ‘launched’ next month.

The public is invited to vote on the issue via the website.

Censored version of the body images

Professor Sir Muir Gray, chief knowledge officer at

the NHS, is opposed to censoring the images and

said: "I'm all for the genitalia, anything else would just

be an overly prudish Victorian approach.

"It's completely bonkers: the edited versions resemble

space aliens. People have to accept this is the 21st

century."

Ed. I’m with the learned Professor on this one!

108. Department of Health publishes MRSA

report

18 December 2007 - GNN

A report examining the variation in rates of MRSA

between different hospitals between 2001 and 2006

and looking at the factors which have contributed to

a 27% fall in the probability that a patient will acquire

MRSA since 2001/2, has been published by the Department

of Health.

The report, 'Hospital organisation, speciality mix and

MRSA', shows that, while high bed occupancy and

greater use of temporary nursing staff correlated with

higher MRSA rates up to 2003/04, in recent years

these relationships have weakened and are not statistically

significant.

The report 'Hospital organisation, specialty mix and

MRSA' is available on the DH website at http://

www.dh.gov.uk

109. European open health market will allow

NHS patients to beat queues

18 Dec 2007 The Times

19 Dec 2007 BBC Radio 4, Today

19 Dec 2007 BBC News

The EU is proposing a Directive which would open

the market up for healthcare provision. Under the

outline proposals patients would be able to travel to

any other EU country for treatment and reclaim the

cost up to the cost of the treatment under the NHS

pricing.

Ed. This proposal follows the claim by Yvonne

Watts in 2002 for a hip replacement. She took

her case to the European Court of Justice to recover

the cost of treatment from her NHS trust

which refused to reimburse £4,000 which she

paid to beat the then NHS waiting lists. However,

the proposed Directive goes much further.

There are many practical obstacles to any Directive

and it will be some years before it might be

brought into force.

110. New wave of community hospitals and

services

18 December 2007 - GNN

Government unveiled a £132 million wave of new

NHS community hospitals and supersurgeries.

Facilities will now be built or refurbished in

towns and cities across the country as part of a major

drive to provide NHS patients with better primary care

services and more minor operations, medical tests

and follow-up care outside of large hospitals.

Outdated facilities set to be transformed into modern

community hospitals are:

- Malvern Community Hospital;

- Horsea, Beverley and Driffield Community Hospitals

in the East Riding;

- Selby Community Hospital;

- Moreton and Bourton Community Hospitals in the

North Cotswolds;

- Keynsham Park Hospital in Bath and North Somerset;

- St Mary's in Portsmouth;

- Berkeley Vale in Gloucestershire;

- St Charles in Kensington, London.

There will also be a new health centre in Hartlepool

that will house GP services and offer a walk-in service

for patients with minor injuries and illnesses, as

well as other additional services, such as maternity

and diagnostic services.

Health Minister Ben Bradshaw said:

"Community hospitals are an important part of the

NHS. These schemes worth close to £132 million in

total will be welcome news to local communities and

offer local people a variety of important services.

"We are not just building like-for-like replacements of

existing buildings, we are re-thinking the way the

NHS provides care so that patients receive better,

more convenient services."

111. NHS threat to halt care for cancer patient

16 December 2007 - The Sunday Times

Collette Mills, former nurse, who wants to pay for part

of her cancer treatment by paying for drugs not available

on the NHS (£4,000 a month) has been told that

if she does that she will have to pay for all her anticancer

medication – a further £10,000 a month. She

is taking a stand and calls the policy ‘immoral’.

Ed. I recall a time when NHS hospitals accepted

privately paying patients, the patient paid for the

privacy of a ‘side room’ and treatment was provided

by the NHS. It seems difficult to see why

this woman can not contribute to treatment which

the NHS will not provide while the NHS pays for

that part it is prepared to pay for. The DoH says,

by way of apparent justification that to allow a

patient will cause a two-tier health service. Who

are they kidding? That is exactly what we have

with the ‘post code lottery’. For goodness sake,

wake up and smell the coffee. The Secretary of

State for Health and his junior ministers bang-on

about the personalisation of services; either that

it pure twaddle or they mean it. If they mean it

they should enable people to participate in getting

that personalised treatment even where the state

is not prepared to fund the cost.

112. Doctors quit dirty NHS for India

16 December 2007 - The Sunday Times

Article about the exodus of NHS trained doctors to

India and featuring the comments and comparisons

made by Mahesh Kulkarni, consultant orthopaedic

surgeon, who worked in Bristol Royal Infirmary for 10

yrs before moving to a hospital in Pune. He says it is

cleaner, enjoys high levels of investment, gives him a

better quality of life.

113. Fining hospitals will undermine transparency

15 December 2007 - The Times, Letters to the

Editor

Three letters from three doctors all joining issue with

Sir Liam Donaldson’s puzzling statement that he

thinks hospitals should be fined for providing poor

care.

114. Hospitals to pay for harming patients

14 December 2007 - The Times

The Chief Medical Officer, Prof. Sir Liam Donaldson,

has said that taxpayers should not foot the bill for

patients who suffer bad or unsafe care. Rather, clinicians

and NHS hospitals responsible for errors or

omissions, super-bug infections and the like should

be penalised for the extra treatment needed.

His proposals are to be presented to Lord Darzi as

part of his review of the NHS.

Sir Ian Carruthers, former chief exec of the NHS,

agreed there is a need to end the culture of sweeping

such matters under the carpet.

Sir Liam asserts that fines should be introduced into

the NHS as a “hard-nosed financial incentive” to improve

standards and care.

Ed. See this week’s editorial.

115. NHS Emergency Planning Guidance

2005: underpinning materials - critical care

contingency planning in the event of an

emergency where the numbers of patients

substantially exceeds normal critical care

capacity

14 December 2007 – DoH

A set of general principles to guide all NHS organisations

to help develop their ability to respond to an

emergency where the number of patients substantially

exceeds normal critical care capacity within the

context of the NHS Emergency Planning Guidance

2005.

For full report click here

116. King's Fund statement on NHS Operating

Framework 2008/09

14 December 2007 – King’s Fund

King’s Fund Chief Executive, Niall Dickson has commented

in response to the publication of the NHS

Operating Framework for 2008/09:

'It is right that the government should set national

priorities and right too that they should maintain the

assault on hospital infections and the drive to cut

waiting times. These are areas that patients are justifiably

concerned about and it is imperative the NHS

makes progress in them.”

“Crucially, this document is an important step forward

in getting to grips with what has long been the Achilles

heel of the service – commissioning. The Department

of Health is right to emphasise that better care

and services will not be achieved through central directives

and targets, but through better local commissioning

led by primary care trusts (PCTs). “

“That will only be achieved if PCTs accept that this is

what they are there for, rather than running services

themselves. The encouragement to explore other

ways of running community services is welcome and

should allow them to concentrate on what really matters

and to develop their skills in how best to assess

local needs and commission services to meet them.”

For full report click here

117. Tackling health inequalities: 2004-06

data and policy update for the 2010 national

target

14 December 2007 – DoH

Document providing an update on progress to meet

the health inequalities national target to reduce the

gap as measured by infant mortality and life expectancy,

by 10% by 2010. It also includes an assessment

of whether the 70 spearhead area local authorities,

which map to 62 PCTs, are on track to meet the

life expectancy target.

For full report click here

118. Health inequality target monitoring: update

to include data for 2006

14 December 2007 – DoH

Reports summarising progress against Department of

Health inequality targets for 2010 in the following areas:

Infant mortality; life expectancy at birth for males

and for females; cancer (premature mortality rate)

and all circulatory diseases (premature mortality rate).

For full report click here

119. Department of Health autumn performance

report 2007

14 December 2007 – DoH

A command paper setting out a mid-year update on

the progress the Department has made towards

achieving its Public Service Agreement (PSA) targets,

and follows on from the Departmental Report in

May.

It details the Department of Health’s aim and objectives

that were agreed in Spending Review SR2004

along with an analysis of progress against these targets

and Departmental SR2004 Standards.

For full report click here

120. Department of Health resource accounts

2006-07

14 December 2007 – DoH

These accounts consolidate the financial information

within the Departmental Accounting Boundary. This

includes the parent Department of Health (DH), Purchasing

and Supply Agency, and other NHS bodies

funded directly by the Department.

For full report click here

121. Community Pharmacy Contractual

Framework - Medicines use review

13 December 2007 – DoH

As an advance service of the community pharmacy

contractual framework, pharmacies can offer Medicines

Use Reviews (MURs). An MUR is between a

pharmacist and a patient to discuss the patient’s

medication and support them in getting the most

from their medicines.

For full report click here

122. Bugs and waits top NHS priorities

13 December 2007 – BBC News

Ministers are making hospital infections and waiting

targets key priorities for the NHS in 2008. The targets

for next year will be to halve MRSA rates and

ensure patients are treated within 18 weeks.

Other key areas will be improving patient experience,

cutting inequalities and planning for pandemic flu.

For full report click here

123. Hospital 'fines' for patient harm

13 December 2007 – BBC News

Sir Liam Donaldson, the Government’s Chief Medical

Officer has proposed that hospitals be fined if they

harm patients. He said taxpayers should not have to

pay for poor care resulting in longer stays in hospitals.

His comments come as the National Patient Safety

Agency (NPSA) reported significant progress in safe

standards of care in the NHS in the past year.

More than 700,000 NHS "patient safety incidents"

were reported in 2006-7with some 6,500 resulting in

severe harm and nearly 3,000 people died.

For full report click here

124. The NHS in England: the operating

framework for 2008/9

13 December 2007 – DoH

The Operating Framework sets out a brief overview

of the priorities for the NHS in 2008 and is accompanied

by annexes (some part of the document, some

virtual) which provide more detail on the priorities,

how they are measured and how the new arrangements

for managing the system will work.

For full report click here

125. Report on the National Patient Choice

Survey, England - July 2007

12 December 2007 – DoH

Report showing the final results of around 62,000

responses to the eighth national patient choice survey

commissioned to assess the implementation of

choice at PCT level.

The series of surveys, conducted by Ipsos MORI on

behalf of the Department, monitor patient awareness

of choice and recall of having been offered a choice

of hospital for their first outpatient appointment.

For full report click here

126. Follow-up checks at NHS bug trust

12 December 2007 – BBC News

Healthcare inspectors will be visiting Maidstone and

Tunbridge Wells hospital as part of follow-up procedures

after a damning Healthcare Commission report.

90 people died from the clostridium difficile superbug.

The visit will be to assess how recommendations

from the report were being implemented.

For full report click here

127. Councils 'want say on NHS chiefs'

12 December 2007 – BBC News

The head of the Local Government Association has

called for council leaders to be given the power to

sack under-performing health and police chiefs.

In a speech Sir Simon Milton said chief constables

and NHS Trust bosses should be answerable to people

through local councils in England and Wales and

backs a national police force to tackle terrorism and

organised crime.

For full report click here

128. Can Gerry Robinson Fix the NHS? One

year on

12 December 2007 - BBC 2, 9pm

'NHS plot? I wish there was'

10 December 2007 – BBC News

At the beginning of the year Mr Robinson, former

CEO and Chairman of Granada, went into an NHS

hospital in Rotherham (see BHCR Vol 2, issue 2,

item 64) to review the way it operated and whether

he could improve the efficiencies with no extra funding.

This follow up documentary suggests that he

succeeded; relationships between consultants and

hospital managers are better Operating theatres are

working to capacity rather than standing idle and

staff have the autonomy to fix local problems.

For BBC report click here

129. Drugs deal ‘could cost NHS millions extra’

12 December 2007 - The Times

If a deal between manufacturers and distributors of

medicines is extended the Office of Fair Trading

thinks the NHS will pay £millions more than it needs

to.

130. Consultation launched into the use and

sharing of personal information

12 December 2007 - GNN

A consultation into how personal information is used

and shared in the public and private sectors has

been launched today by Richard Thomas, Information

Commissioner, and Dr Mark Walport.

The consultation forms part of an independent review

into the use and sharing of personal information announced

by the Prime Minister on 25.10.07. It asks

how and why information is shared and used;

whether the Data Protection Act offers sufficient

safeguards; what impact technological advances

have had on the protection of personal information;

and whether there are lessons the UK can learn from

other countries.

Richard Thomas said:

"The review will be concentrating on information sharing.

When do public bodies, in particular, need to

make use of personal information held by others to

do their job properly? Law enforcement, child protection

and more personalised services may be examples.

But we will need to assess the dangers if information

is shared too freely.

The terms of reference of the review into the use and

sharing of personal information were announced on

23 November 2007 -. http://www.justice.gov.uk/news/

announcement_231107a.htm

Copies of the consultation document and the response

form are available online at: http:http://

www.just ice.gov.uk/reviews/datasharingintro.

htm

131. Safety incidents go unreported, survey

shows

12 December 2007 – HSJ

There is 'widespread' under-reporting of safety incidents

in NHS Scotland, a survey by Quality Improvement

Scotland has found.

Staff taking part in the survey also said there was a

lack of feedback and action after an incident was reported

and that a blame culture further fuelled secrecy.

132. NHS 'at risk of drugs bill rise'

11 December 2007 – BBC News

The Office of Fair Trading has found a “significant

risk” of higher drug costs for the NHS because of

changes to drug distribution methods. The watchdog

is currently undertaking an inquiry into the supply of

medicines after changes at the world’s biggest pharmaceutical

firm, Pfizer.

For full report click here

133. Thousands of staff details leaked

11 December 2007 – BBC News

Thousands of staff’s personal details have been

leaked after Selfton Primary Care Trust “accidentally

sent them out. The Merseyside health care trust’s

union, Unite, is calling for an urgent investigation.

The blunder includes dates of birth, N.I. numbers,

salary and pension details for all staff.

For full report click here

134. Speech by the Rt Hon Alan Johnson MP,

Secretary of State for Health, 10 December

2007: ‘Putting People First’

11 December 2007 – DoH

For full report click here

135. NHS ‘owes £800m’

10 December 2007 - The Times

According to info released to LibDems NHS Trusts

have incurred debts of £800m and will pay £188m in

interest over 25yrs.

Nursing

Nothing to report

Volume 2 Issue 46

Older People

136. Elderly to get personal care cash

10 December 2007 – BBC News

A revolution in social care?

10 December 2007 – BBC News

The Health Secretary has announced a scheme to

give cash to elderly people to fund their own social

care. From April, millions of pensioners will be given

control of how their money is spent, rather than having

to rely on social workers to make decisions for

them.

Younger disabled people could also be allocated a

"personal budget" for care.

For full report click here

For 2nd report click here

137. Personal care budgets and extra £520

million to transform care for older and disabled

people

10 December 2007 - GNN

For full report see Miscellaneous—item 105

Social Care

138. Adults' Personal Social Services and

Children's Services: Specific revenue and

capital grant allocations and contributions to

area-based grants for 2008-09, 2009-10 and

2010-11

10 December 2007 – DoH

A letter to follow up the overall local government finance

settlement announced on 6 December 2007. It

notifies local authorities of their adults’ personal social

services specific revenue and capital grant funding

and the department’s contributions to the new

area-based grant in support of social care policies.

For full report click here

Staff, employment and

disciplinary

139. Immigration and the workforce

December 2007 - Health Investor

Two pages of vignettes and comments from an event

where the issue of Home Office/work permit was discussed.

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