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Both editions are © Brunswicks LLP 2008


BHCR 2008 Vol 3 Issue 10

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

Brunswicks has seen a substantial increase in the

last couple of months of local authorities temporarily

suspending contracts and placing embargoes on

referrals of new service users to care providers.

The reasons given are invariably about concerns

relating to adult protection.

However, given the number; given the fact that some

local authorities seem to be reluctant to go into print

setting out precisely what matters they are

concerned about, I am beginning to wonder...

In these cash-strapped times as we get closer to the

end of the financial year, some may wonder why the

reasons given for suspending contracts is said

merely to avoid further spending during this financial

year.

Time will tell…

This week’s article

This week we are privileged to be able to bring to you the Briefing Paper circulated to members of the House of Lords last week.

To read article click here.

Parliament

11.03.08 – HoC - Disability Poverty in the UK;

Nursing and Midwifery Council;

13.03.08 – HoC - Debate on the Human Rights of

Older People in Healthcare, HC 378, and the

Government response, HC 72

Continued...

Next

Abuse

1. Police to arrest Jersey Suspects

9 March 2008 - The Sunday Times

Police investigating the Jersey child abuse scandal

centred on the former children’s home at Haut de la

Garenne have indicated that they expect to arrest

three suspects in the next fortnight. Blood found in

the concrete bath earlier in the week was confirmed

as being human in origin.

2. Specks of blood are found in Jersey care

home bath

8 March 2008 - The Times

Police have said that they may begin making arrests

in the next fortnight after specially trained dogs detected

blood in a concrete bath in one of the cellars

suspected of having been used to torture youngsters

living in the care home Haut de la Garenne.

3. No hiding place for child abuse

6 March 2008 - Liverpool Echo

IT’S NOT often I freeze on radio or get stuck for

words.

A radio presenter said that he froze and was stuck

for words last week when a former ‘doorman’ broke

down and wept after he revealed, live on radio, that

he had been sexually abused when he was in his

early teens. The outpouring was triggered by the

media coverage of the care home investigation in

Jersey.

And the reason why this man was in such a state

and why he needed to talk about the horrifying abuse

he suffered all those years ago is the care home investigation

in Jersey.

4. Man claims child abuse on Guernsey

5 March 2008 - The Times

Carl Denning, 49, spent six years at Haut de la Garenne

was moved from Jersey to Guernsey aged 11

and claims he was abused there too.

5. ‘Well over 40 suspects’ in abuse case

4 March 2008 - The Times

At the investigation in Jersey into the alleged deaths

and abuse at Haut de la Garenne it is announced that

there are more than 40 identified suspects, more than

160 alleged victims and a list of unaccounted for former

residents was being compiled.

6. CSCI begins new study into safeguarding

4 March 2008

CSCI is going to carry out a new study into how well

people are protected from abuse or neglect in adult

social care. The study into safeguarding will look at

how good the way adult social care is provided is at:

Raising awareness of abuse issues and giving

priority to safeguarding

Preventing abuse

Recognising and acting on allegations

Continually improving safeguarding systems and

practice

CSCI inspectors will, apparently, be asking some additional

questions in key inspections of care services

carried out from 5 to the 16 May.

Between 21 April and 16 May it will also be carrying

out some thematic inspections that focus on safeguarding.

Business News

7. Clinics group eyes Nestor takeover

9 March 2008 - The Sunday Times

Assura, owner of private out patient clinics, is said to

be examining a possible bid for Nestor Healthcare

which provides out-of-hours GP services.

8. The Sunday Times 100 Best Companies to

work for

9 March 2008 - The Sunday Times

9 Sandwell Community Caring Trust; care provider

32 Stryker UK; orthopaedic/medical devices

43 Foster Care Associates; fostering agency

61 Bristol-Myers Squibb Pharmaceuticals;

pharma manufacturing/sales

69 Medtronic; medical devices

76 Coloplast; medical devices

Reckitt faces inquires over ‘plan’ to maintain

Gaviscon’s dominance

8 March 2008 - The Times

7 March 2008 - BBC TV, Newsnight

Reckitt Benckiser manufacturer of Gaviscon face investigation

from competition regulators after it was

revealed that senior executives of the company allegedly

used a deliberate stalling and other tactics to

keep competitors from producing a generic version of

the medication once the company’s patents had expired.

Reckitt faces inquires over ‘plan’ to maintain

Gaviscon’s dominance (continued…)

The Department of Health Counter-Fraud Service is

examining whether it can conduct and inquiry.

The company’s conduct is said to have kept the cost

of the medicine artificially high, costing the NHS

some £40m a year.

9. Cygnet Health Care in £340m refinancing

7 March 2008

John Hughes, the man credited with turning around

The Priory in the 1980s, has completed a buyout of

Cygnet Health Care for £340 million. Cygnet, was

founded by Hughes in 1987, is one of Britain’s leading

independent providers of psychiatric treatment.

The deal has been completed in conjunction with the

leading healthcare group, Grove Limited. Grove,

acquired a 25% stake in Cygnet in 2004, is also the

owner of Barchester Healthcare.

Cygnet operates 16 centres across the UK with over

600 inpatient beds for private and NHS funded patients.

It provides a broad mix of specialist psychiatric

treatment, focussing on a personalised service to

patients with psychological, emotional and addiction

problems.

The company was valued at £340 million, consisting

of £280 million in equity plus £60 million in

debt. Cygnet’s 450 managers and staff have ownership

of 11% of the business, with the remainder held

by John Hughes, the company Chairman Ken Wilson

and Grove. A consortium of banks led by RBS

have provided facilities of £165m in term

loans, new development lending, and a revolving

working capital loan to Cygnet Health Care. The

refinanced business will be in a position to expand

through acquisition.

10. Priory Announces New Services Division

4 March 2008

The Priory Group has announced the appointment of

Bhavna Jones as Managing Director of its newly

formed Care Homes Division. Ms Jones has experience

in the long term care sector, having held senior

management positions with many current and former

corporate care providers, including Takare, BUPA

and Westminster Healthcare. She will take up her

new post on 1 March 2008.

Having joined the Priory Group in April 2005, she

has, as the Managing Director of the Complex Care

and Rehabilitation division, been directly involved in

the development and maintenance of high quality

care services for Priory clients.

Alison Rose-Quirie, MD of the Priory Group's Secure

and Step Down Services division, will assume responsibility

for those hospitals presently managed by

Ms Jones. As a consequence, the Priory Group will

be able to offer price flexibility and care package pricing,

as Priory's Secure and Step Down Services division

will now offer secure, complex care and step

down services as one service offering.

Philip Scott, recently appointed CEO, said:

"Bhavna's appointment is in keeping with our desire

to expand the range of services currently offered by

the Priory Group and we expect over the coming

months to add a number of care homes to the

Group's portfolio. Those acquisitions will be further

supplemented by the development of a new build

pipeline that will see many new care homes come on

stream in 2009 and 2010. Those care homes are

likely to provide services for both elderly and younger

people with physical and learning disabilities."

11. Caring Homes Limited buys in Fife

4 March 2008

Caring Homes has bought, through Christie & Co,

another care home in Scotland taking the total of

Scottish homes to five. The new acquisition is

Scoonie House and is registered for 36 bed with

scope to add a further 40 beds.

12. Caring Homes hooks massive refinancing

deal

March 2008 - Community Care Market News

Caring Homes is operating under a new corporate

arrangement following what is believed to be a very

large refinancing of the business. Founders Paul

Jeffery, Helena Jeffery and Craig Griffin retain the

majority stake but Bank of Scotland is thought to have

invested £600m.

The company is remaining tight-lipped on the deal.

13. Southern Cross Healthcare acquires The

Portland Group and private care home

3 March 2008

Southern Cross Healthcare Group PLC announced it

has acquired 368 high quality elderly care beds plus

126 daycare placements in seven modern, purpose

built care homes from The Portland

Group for £42m. The freehold interest of the seven

h o m e s , w h i c h are a l l l o c a t e d

in the North East of England, will be sold to a landlord

f u n d a n d S o u t h e r n C r o s s

will retain the operating business for a nominal consideration.

The Company has also acquired a high quality care

home in Worcester that provides a further 54 beds

which will be integrated into the Group’s Ashbourne

Senior Living portfolio which now stands at 81 homes.

The Group also announced that it had agreed terms

to extend its current acquisition facility by £46 million

to £106 million. This increased facility will be used to

fund today’s acquisition and give us more flexibility to

fund future growth.

Since 30 September 2007, the Company has inc

r e ased total r e g i s t e red beds by

7.3%. Southern Cross now operates 36,823 beds in

723 care homes

Bill Colvin, Chief Executive Officer of Southern

Cross, commented:

“We are pleased to announce the acquisition of The

Portland Group which not only adds another seven

high quality, modern care homes to our portfolio but

also expand our care offering to include daycare,

which I believe will become an increasingly important

element of elderly care.”

14. Axa forced to repay £3m

March 2008 - Community Care Market News

The Financial Services Ombudsman has ordered

Axa to refund £3m taken in the mid-1990s as premiums

for long term care after failing to give adequate

risks warnings.

15. Craegmoor’s sale imminent?

March 2008 - Community Care Market News

Speculation that Craegmoor might be put on the

market in the second half of 2008, suggestions that

the price might be £400m and that NM Rothschild is

involved.

16. Stick or twist?

March 2008 - HealthInvestor

Article considering the issues faced by private equity

firms who have invested in hospital portfolios. BUPA

will remain a key player through its role as major purchaser

of privately funded health procedures.

Care Homes

17. Liverpool care home workers protest over

closures

7 March 2008 - Liverpool Echo

Workers have protested outside Liverpool Town Hall

against closure of two care homes. They are unhappy

at proposals to shut Leighton Dene residential

home in Fazakerley, and the Kensington district

Boaler Street rehabilitation unit.

18. Care Homes unprepared for new corporate

manslaughter legislation

5 March 2008 - Southern-housing.co.uk

Care home managers and owners remain unaware of

the potential implications of the new Corporate Manslaughter

and Corporate homicide Act which is due to

come into force in the next few weeks according to a

recent study. The study conducted by insurance broker

Smart & Cook’s specialist care home division,

Gold Direct, sampled the views of 100 care home

owner/managers, 80% didn’t know when the new Act

was due to come into effect, and 40% had no understanding

of the act itself.

For full report go to http://www.southern-housing.co.uk/news/

care-homes-unprepared-for-new-corporate-manslaughterlegislation-

1720-12.html

Ed. Clearly not readers of BHCR then!

19. Families unaware of care failings

5 March 2008 – BBC News

Relatives of elderly residents at the Hillings, in Eaton

Socon, Cambridgeshire said they were not told about

low inspection results and its failing standards of

care. The care home received a warning letter from

CSCI in November 2007.

The CSCI report over November and December

showed some parts of the building had smelled rotten,

it was unhygenic and unpleasant and at one

stage had run out of incontinence pads.

For full report click here

20. Meeting over care home costs

4 March 2008 – Hartlepool Mail

Hartlepool Borough council is discussing proposals to

introduce new arrangements for elderly and disabled

people to pay what they can afford towards the care

they receive to live at home, despite the different services

they may use.

For full report go to http://www.hartlepoolmail.co.uk/news/

Meeting-over-care-home-costs.3839376.jp

21. Care homes warn of stormy future

1 March 2008 – Evening Telegraph

County Councillors have agreed to increase the

amount given to care homes by up to 3% in the coming

year but the Northamptonshire Association of

Registered Care Homes say it will cause problems for

care homes. The statement came as a gap in funding

for people in care homes was revealed.

For full report go to http://www.northantset.co.uk/news/Carehomes-

warn-of-stormy.3832779.jp

22. Workers shocked as two city care homes

face closure

1 March 2008 – Liverpool Echo

Shock news has revealed that two Liverpool care

homes will close. Care workers told of their shock at

hearing the news, as the homes are used by hundreds

of elderly patients, many of whom have illnesses

such as Alzheimer’s or dementia.

For full report go to http://www.liverpoolecho.co.uk/liverpoolnews/

local-news/2008/03/01/workers-shocked-as-two-citycare-

homes-face-closure-100252-20544438/

23. Hampshire council’s care homes: doubts

raised over claims of cost effectiveness

March 2008 - Caring Times

Hype from Hampshire? The council claims to have

saved £12m by building 12 care homes in the past

five years. However, nothing is said of the 45% cost

over-run.

Ed. I wonder what the effect will be for the ratepayers

of the claims for equal value pay claims

as referred to in the article in BHCR last week

’The State—a hypocritical parent?‘ by Andrew

Dawson!

24. Stamping out good practice – strengths

and weaknesses

March 2008 - Caring Times

Article by Mike Neilens in which he says that CSCI

inspectors who fail to acknowledge the positive nature

of weaknesses identified by quality assurance

processes may give care providers a perverse incentive.

And how a narrow approach to inspection may

result in stamping out the good practice of seeking

the input of external consultants and experts.

25. Care Home Hero Winner 2007

March 2008 - Caring Times

Emma Bellett is the winner. Emma has cystic fibrosis

and is a senior carer in Bickleigh Down Care

Home, Plymouth.

26. Care ratings review: trick or treat?

March 2008 - Caring Times

Bob Ferguson considers the appeals process for providers

against quality ratings – CSCI says the process

is absolutely fair. Bob disagrees, his view is that

the process is to fairness what apartheid was to racial

equality!

Ed. Disappointingly for the sector, I agree with

Bob.

27. Care home costs will double by 2028 –

but insurance sector yet to act

March 2008 - Community Care Market News

Laing & Bussion says average cost of a four year

stay in a care home is £112,000 but, assuming care

home fees increase at 3.5% the cost will increase to

£56,000.

Case Reports

Law Reports

28. Re: S (a child)

In care proceedings, there was no probative value in

allowing an expert witness to access evidence relating

to “mere allegations” and complaints of a father's

alleged sexual misbehaviour in the past which had

not led to prosecution.

Disciplinary cases

Nothing to report

Cases in the news

29. Climbié worker says she was 'crushed' by

the system

7 March 2008 – Community Care

Arthurworrey tells tribunal: 'I live with Victoria

inside my head'

7 March 2008 – Community Care

Lisa Arthurworrey has admitted sending inappropriate

e-mails to the General Social Care Council as a result

of the huge pressure she was under following the

death of a child. She was the social worker at the

centre of the Victoria Climbié case.

She told a Care Standards Tribunal hearing that the

e-mails were sent at a time when she was experiencing

a lot of stress due to harassment at work.

For full report click here

For 2nd CC report click here

30. Bed rails results in £35,000 fine

7 March 2008 - GNN

Care home fined over rails death

7 March 2008 – BBC News

The Health and Safety Executive (HSE) has reminded

those who care for vulnerable people of the

duty of care they have towards such people. The

warning follows the death of an elderly resident in a

Telford care centre.

Ashbourne Ltd was fined £35,000 and ordered to pay

£33,000 costs by Shrewsbury Crown Court on

07.03.08 after pleading guilty to breaching Section 3

(1) of the Health and Safety at work etc Act 1974.

Rosalind James, aged 89, was a resident at

St.George's Park Care Centre in Telford on 20th April

2005, when she was found slumped over a set of collapsed

bed rails.

For BBC report click here

Ed. As regular readers will now know Section 3

(1) of the Health and Safety at Work etc Act 1974

states: "It shall be the duty of every employer to

conduct his undertaking in such a way as to ensure,

so far as is reasonably practicable, that persons

not in his employment who may be affected

thereby are not thereby exposed to risks to their

health or safety."

31. Judge calls for baby row review

6 March 2008 – BBC News

A High Court judge has called for an urgent review of

training and management at Nottingham City Council

after it illegally took a newborn baby into care.

The Council said its social workers "acted in good

faith" but have agreed to an independent review.

For full report click here

32. Killer nurse must serve at least 30 years

5 March 2008 - The Times

Nurse guilty of killing patients

3 March 2008 – BBC News

Colin Norris, 32, from Glasgow, a nurse in Leeds

was sentenced to four life terms for the murder of

four older women in his care has received a recommendation

that he serve at least 30 years in prison.

For BBC report click here

33. Nurse was a serial killer in the process of

perfecting his craft

4 March 2008 - The Times

Summary of the case against Colin Norris, 32, from

Glasgow, a nurse in Leeds who was convicted of

murdering four older women using massive doses of

insulin, also some background info on Norris.

34. How did kidnapper get job in care home?

3 March 2008 – Telegraph & Argus

An article looking at an inquiry currently looking into

how a criminal with convictions for robbery, kidnap

and sexual assault managed to get a job at Fairmount

Gardens residential home in Heaton. Waheed

Qayum, 27, managed to steal over £20,000

from the bank accounts of two elderly and vulnerable

residents.

For full report go to http://www.thetelegraphandargus.co.uk/

display.

var.2087246.0.how_did_kidnapper_get_job_in_care_hom

e.php

Children

35. Whistleblower raises child safety fears

5 March 2008 – BBC News

A whistleblower has revealed to the BBC how childminders

and private nurseries have babies left with

them by parents who believe they are leaving them in

the care of highly qualified, strictly regulated and

genuinely caring people. Unfortunately many parents

are wrong.

For full report click here

Conferences & Courses

To follow next week

Consultations

36. Consultation on the design of the annual

health check in 2008/2009 - closing shortly

4 March 2008 Healthcare Commission

On 12 March 2008 the consultation on the design of

the annual health check in 2008/2009 closes. If you

wish to feed back your views they must be provided

by that date.

The Healthcare Commission regards the annual

health check as the most important of its activities to

drive improvements in healthcare for patients. It involves

assessing and rating the performance of each

NHS trust in England.

There are several ways you can send feedback before

the 12 March 2008 deadline. For more information

visit the Healthcare Commission website.

More information on the consultation and how to feed back

your views

37. Health Care and Associated Professions

(Miscellaneous Amendments) No 2 Order

2008 - a paper for consultation

Closing Date: 22 March 2008

An order, the second in a series of orders that will

take forward the reforms of professional regulation

identified in the White Paper "Trust assurance and

safety". It concentrates on reforms set out in the

White Paper, but also includes measures required to

deliver other legislative requirements.

For consultation click here

38. Ofsted Race Equality Scheme: Consultation

Closing Date: 31 March 2008

This consultation seeks views on Ofsted's revised

Race Equality Scheme, which sets out methods to

eliminate discrimination, foster good race relations

and promote equality of opportunity in response to

the requirements of the Race Relations (Amendment)

Act 2000.

For consultation click here

39. Proposed Revisions to the Standard

Guidance on Writing Disabled Persons' Protection

Policies

Closing Date: 23 May 2008

Document seeking views on a proposed revision of

the standard guidance for train operating companies

on writing their disabled persons' protection policies.

For consultation go to http://www.dft.gov.uk/consultations/

open/dppp/

40. CSCI begins new study into safeguarding

4 March 2008

CSCI is going to carry out a new study into how well

people are protected from abuse or neglect in adult

social care. The study into safeguarding will look at

how good the way adult social care is provided is at:

Raising awareness of abuse issues and giving

priority to safeguarding

Preventing abuse

Recognising and acting on allegations

Continually improving safeguarding systems and

practice

CSCI inspectors will, apparently, be asking some

additional questions in key inspections of care services

carried out from 5 to the 16 May.

Between 21 April and 16 May it will also be carrying

out some thematic inspections that focus on safeguarding.

41. Consultation on the Medical Profession

(Miscellaneous Amendments) Order 2008

Closing Date: 5 June 2008

A consultation paper asking for comments on a draft

order. The changes proposed in the draft order

seeks to implement two of the reforms set out in the

White Paper: Trust Assurance and Safety. The draft

order also provides an additional route to the Specialist

Register for NHS consultants. All amendments

relate to the functions of the General Medical Council.

For full consultation click here

42. NICE: Current consultations

To browse through consultations go to http://

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

CSCI, CSSIW, Healthcare

Commission &

Scottish Care Commission

43. Self assessment forms

6 March 2008 – SCRC

The Scottish Care Commission has now published

self assessment forms for service providers for

your information.

For full report click here

44. Service Providers - Submit Notifications

Electronically

5 March 2008 – SCRC

The Scottish Care Commission are saying if you want

to save time, you can do so by submitting your notifications

to the Care Commission electronically

through the eForms system at any time during the

year.

For full report click here

45. CSCI begins new study into safeguarding

4 March 2008 – CSCI

CSCI will be implementing a new study into how well

people are safeguarded in adult social care. It will

look at how well people are protected from abuse or

neglect in the social care sector.

For full report click here

46. Annual Returns Frequently Asked Questions

3 March 2008 – SCRC

The Scottish Care Commission has updated the 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

47. The state we’re in

March 2008 - Caring Times

Jef Smith looks at the CSCI report ‘State of Social

Care, England’ and comments on the empty rhetoric

emanating from the likes of the Association of Directors

of Adult Social Services (ADASS).

Ed. I really think that the Association should have

been called the British Association of Directors of

Adult Social Services!

48. Care homes to be graded in Scotland

March 2008 - Caring Times

The Care Commission, the Scottish regulator of care

homes has said it will grade the care homes it inspects

– needless to say, it will be very different from

the system in England.

Domiciliary care

49. Homecare bodies get good practice guide

March 2008 - Community Care Market News

Action on Elder Abuse in conjunction with UK Homecare

Association has produced a guide as to how

dom-care providers can approach protection of vulnerable

adults.

The guide can be downloaded from www.ukhca.co.uk

Education

50. School blanks out faces of pupils

5 March 2008 – BBC News

The NSPCC has criticised a primary school in Essex

for going too far and blurring the faces of pupils on its

website. Cann Hall Primary School, in Clacton-on-

Sea said it blanked out children’s faces on published

pictures “for safety reasons”.

For full report click here

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

51. Reluctant GPs Vote To Accept Extra

Hours

7 March 2008 – The Herald

Family doctors passed a vote of no confidence in the

Scottish Government as they reluctantly agreed to a

deal to extend their hours. The move will see surgeries

opening during evenings and weekends.

52. Anger As Scots GPs Back Controversial

Out-of-hours Deal

6 March 2008 – Evening Times

9 out of 10 doctors in Scotland have voted to accept

Government proposals that will see them work at

weekends and after hours, but they said only because

the alternative posed a greater risk to patients.

53. Public Petitions Committee Investigates

NHS Availability Of Cancer Treatment Drugs

6 March 2008 – Scottish Parliament

The Scottish Parliament has announced that the

availability of cancer treatment drugs on the NHS will

be the subject of an inquiry by the Public Petitions

Committee. This follows the Committee’s initial consideration

of a petition from Tina McGeever on the

provision of a cancer treatment drug to her husband

Mike Gray.

For full report click here

54. Drug firm settles NHS price claim

4 March 2008 – BBC News

Goldshield Group, a drug company accused of fixing

the price of medicines supplied to the NHS has

agreed to pay out £750,000 on a “full and final basis

and without admission of liability”.

In 2005, Scottish ministers and health boards lodged

claims against a number of companies over the alleged

formation of price-fixing cartels.

For full report click here

Wales

55. Hospital waiting times defended

4 March 2008 – BBC News

Welsh Assembly Government Minister, Carwyn

Jones has rebuked the UK health minister’s claims

that hospital patients in Wales have to wait longer for

treatments than those in England.

Jones said that Ben Bradshaw's comments were unhelpful

and unfortunate and led to "unnecessary tension".

Bradshaw made his remarks after it was announced

car parking charges will end in nearly all

hospitals in Wales.

For full report click here

56. NHS parking in Wales to be free

3 March 2008 – BBC News

NHS car parking 'sour grapes' row

3 March 2008 – BBC News

The Welsh Assembly Government announced that

free NHS hospital parking will begin from 1 April

unless external contracts are in place. Car parks run

by private companies will have to reduce costs until

contracts expire.

The move means that patients, staff and visitors will

be able to park free at almost every NHS hospital in

Wales by the end of 2011.

For full report click here

For 2nd report click here

Learning Disabilities

57. Care home adults 'being degraded'

7 March 2008

Adults with learning difficulties are subjected to

"abusive and degrading treatment", neglect and carelessness

in healthcare centres and residential homes

in the UK, a report has warned. The report, from Parliament's

Joint Committee on Human Rights, called

for a "culture change" to bring the provision of services

of adults with learning disabilities in line with the

aspirations of the Government's Human Rights Act

and the Duty to Promote Disability Equality.

For full report go to http://ukpress.google.com/article/

ALeqM5gwemWgtIXylGPYwRDIcYpQH7SA1Q

58. The Foundation for People with Learning

Disabilities responds to report on humans

rights

6 March 2008

In response to the release of A Life Like Any Other?

Human Rights of Adults with Learning Disabilities by

the Joint Committee on Human Rights, Barbara

McIntosh, Co–Director of The Foundation for People

with Learning Disabilities, said:

 “The Joint Committee is to be congratulated for producing

a report that pulls no punches in describing

the struggles those with learning disabilities have to

go through just to get on with their daily lives. It’s

shameful in this day and age that people continue to

be ignored, abused or discriminated against simply

because they have a learning disability.

What we need now is for the voices heard in this report

to be listened to and acted upon by government

and the Equality and Human Rights Commission so

that all people with a learning disability have full access

to the human rights most of us take for

granted.”

59. Vulnerable people 'denied rights'

6 March 2008 – BBC News

The Joint Committee on Human Rights has said the

human rights of people with learning disabilities are

frequently overlooked and that vulnerable adults are

most likely to be abused and neglected.

In one case that was investigated, a man with cerebral

palsy ate nothing during a three-day hospital

stay, because staff did not know how to feed him.

The report said that improvements are being made,

but a culture based on outdated negative stereotypes

needs to be changed.

For full report click here

60. Foundation for People with Learning Disabilities

responds to launch of Independent

Living Strategy

4 March 2008

In response to the launch of the Independent Living

Strategy from the Office for Disability Issues, Alison

Giraud-Saunders, Co-Director of the Foundation for

People with Learning Disabilities, said:

“The commitments in this strategy document are admirable,

but if they are going to have a real impact on

people’s lives they need to be backed by strong legislation

and funding. In particular, we must make sure

that moves to incorporate the Disability Equality Duty

into the Single Equalities Bill do not water down the

obligation on public bodies to actively promote equal

opportunities for disabled people– the last thing people

with learning disabilities need is a paper initiative

that is never implemented.”

Legislation Update

61. No. 473 The Safeguarding Vulnerable

Groups Act 2006 (Transitional Provisions)

Order 2008

5 March 2008 – OPSI

For full legislation click here

62. No. 474 The Safeguarding Vulnerable

Groups Act 2006 (Barring Procedure) Regulations

2008

5 March 2008 – OPSI

For full legislation click here

CHILDREN AND YOUNG PERSONS, ENGLAND

AND WALES

63. The Safeguarding Vulnerable Groups Act

2006 (Prescribed Criteria) (Transitional Provisions)

Regulations 2008

5 March 2008 – OPSI

For full legislation click here

PROTECTION OF VULNERABLE ADULTS, ENGLAND

AND WALES

64. The Safeguarding Vulnerable Groups Act

2006 (Prescribed Criteria) (Transitional Provisions)

Regulations 2008

5 March 2008 – OPSI

For full legislation click here

65. No. 170 (W.23)The Childcare Act 2006

(Provision of Information) (Wales) Regulations

2008

4 March 2008 – OPSI

For full legislation click here

66. No. 519 The Health and Social Care Information

Centre (Transfer of Staff, Property

and Liabilities) Order 2008

4 March 2008 – OPSI

For full legislation click here

67. Health (Miscellaneous Provisions) Act

(Northern Ireland) 2008 c.2

4 March 2008 – OPSI

For full legislation click here

68. No. 170 (W.23) The Childcare Act 2006

(Provision of Information) (Wales) Regulations

2008

4 March 2008 – OPSI

For full legislation click here

69. No. 169 (W.22) The Childcare Act 2006

(Local Authority Assessment) (Wales) Regulations

2008

3 March 2008 – OPSI

For full legislation click here

70. No. 169 (W.22) The Childcare Act 2006

(Local Authority Assessment) (Wales) Regulations

2008

3 March 2008 – OPSI

For full legislation click here

Mental Health

Nothing to report

Miscellaneous

71. Free nutritional analysis of your body’s

needs!

8 March 2008

Healthspan has linked with academics to define the

nutrition your body needs for a long healthy lifespan.

One must complete a questionnaire which

takes about 20 minutes. Results are promised within

48 hrs if the questionnaire is completed online and

28 days if a paper questionnaire is submitted.

There is no limit to the number of times you can complete

the process, enabling you to chart progress.

www.healthspan.co.uk

72. Grudging GPs give in and agree to open

evenings and weekends

7 March 2008 - The Times

Average 6,000 patient surgeries will open for an extra

three hours each week between 18:30hrs and

20:00 hrs or at weekends. This was seen as a personal

tussle between the PM and the BMA.

73. Dentists’ new contract has left the provision

of NHS care ‘full of holes’

7 March 200 - The Times

A report from the Patients’ Association says the 2006

Dental contract has failed to resolve problems with

access to dentists. 500,000 fewer dentists were

seen in the past two years.

Younger dentists are deserting the NHS in favour of

private practice.

Ed. However, see item 79 on how the Department

of Health views matters!

74. New website section on National Dementia

Strategy

6 March 2008 – DoH

Published objectives of a project aiming to develop a

national dementia strategy and implementation plan

for publication in October 2008. The strategy will be

addressing three main themes – raising awareness,

early diagnosis and intervention and improving the

quality of care.

For full report click here

75. Cm 7331: Government response to the

Health Select Committee report on the National

Institute for Health and Clinical Excellence

6 March 2008 – DoH

The House of Commons Health Select Committee

published its report on the National Institute for

Health and Clinical Excellence (NICE) on 10 January

2008, this paper publishes the Government’s response

to the conclusions and recommendations in

that report.

For full report click here

76. GPs reluctantly agree hours plan

6 March 2008 – BBC News

Some 97% of 27,000 GPs have voted their lack of

faith in the government after reluctantly agreeing to

work longer hours.

The British Medical Association survey was run to

gauge opinion on which of two options family doctors

preferred. Both required GPs to work longer to earn

the most under their contract, but they opted for the

one that meant they risked least money if they did

not.

For full report click here

77. Tighter drug trial laws promised

6 March 2008 – BBC News

Government ministers are promising to tighten laws

requiring drug firms to disclose data from clinical trials.

The announcement came after the drugs regulator

announced GlaxoSmithKline would not face criminal

proceedings over claims it withheld information on

Seroxat.

For full report click here

78. Prescription charge increases remain below

rate of inflation

6 March 2008 - GNN

Prescription charge increases will be below the rate

of inflation representing the tenth consecutive year

that the increase has been held below or around that

level, Public Health Minister Dawn Primarolo announced.

The increase will mean 25p on prescription charges

in England, taking the charge for a single prescription

item to £7.10 from 1 April 2008.

The latest Statistical Bulletin on Prescriptions Dispensed

in the Community can be found at

http://www.ic.nhs.uk/pubs/prescostanalysis2005

Historic prescription data on Prescriptions Dispensed

in the Community Statistics for 1995 to 2005 England,

can be found at http://www.publications.doh.gov.uk/

prescriptionstatistics/index.htm

Ed. Hummmmm! Scotland and Wales have abolished

prescription charges. Any increase is

therefore likely to be unwelcome.

79. Dentistry graduates to complete training

in areas of patient need

5 March 2008 - GNN

New NHS training places will be made available to

dentistry graduates in areas of highest patient need,

Health Minister Ann Keen announced.

Following a Government pledge in 2004 to increase

the number of dental students by 25 per cent, the

first tranche of students will complete their studies

next year and begin one year of vocational training.

The initial 40 extra training places coming through in

2009 will be located in Yorkshire, the North West, the

South West and the South Central and the 170 dentists

graduating every year from 2010 will also be

allocated places according to oral health need or

where demand is greatest.

The Government is making available £32 million to

meet the cost of vocational training for high numbers

of dentistry graduates over three years starting in

2009. This is additional to the £30m the Government

is already investing each year in dental schools for

the increased intake of students.

When the Government introduced the new dental

contract system in 2006, it decided that NHS dental

funding would be ring-fenced until 2009. It has today

decided to extend that ring-fencing for a further two

years in order to provide extra reassurance to patients

and dentists of its continuing commitment to

NHS dentistry.

80. Independent Living

4 March 2008 - The Times, Public Agenda Special

Eight page special addressing a range of issues from

sport for disabled people through personal budgets

to reform of social care and much more besides.

81. Sainsbury doctors set up shop

4 March 2008 - The Times

Sainsbury’s store at Heaton Bridge, Manchester is at

the centre of an experiment; a six month trial of an instore

GP surgery is now underway.

82. Will we really need social workers?

4 March 2008 - The Times

Item by Blair McPherson, director of community services,

Lancashire County Council in which the past,

when social workers were difficult to find and recruit

with the future of self assessment of needs, individual

budgets, user satisfaction monitoring and care brokerage

when the role of social workers will be largely

redundant.

83. Identifying People Who Are Vulnerable in

a Crisis: Guidance for emergency planners

and responders

3 March 2008 – UK Resilience (Cabinet Office)

Newly published guidance to help the development of

local action plans for identifying groups of people who

may be vulnerable in an emergency.

For full report go to http://www.ukresilience.info/news/

vulnerable.aspx

84. Committed to quality care?

March 2008 - Caring Times

Continuing doubts over the fitness, or otherwise, of

the Quality Care Commission is considered by Jef

Smith he has little faith that what follows the current

Quango will in any way represent progress, let alone

save money.

85. POVA, the Wright decision and beyond

March 2008 - Caring Times

Solicitor Lorraine Reed considers the Court of Appeal

decision in Wright v Secretary of State and the forthcoming

arrangements for protection under the Safeguarding

Vulnerable Groups Act which is expected to

become operational in Autumn this year.

86. Direct Payment rates too low for specialist

carers

March 2008 - Community Care Market News

Following a consultation with deafblind people

through national charity Sense, it says Government

needs to address a number of obstacles to its personalisation

agenda – 75% of those surveyed and who

opted for Direct Payments had a negative experience.

Rates were too low to enable carers with the

correct level of expertise to be recruited.

Ed. We at Brunswicks believe that there are other

fundamental problems with Direct payments/

personal budgets – watch out for a future article

on the topic.

87. After all this time, when will it be extra

care’s moment to shine?

March 2008 - Community Care Market News

CCMN looks at the current situation in extra care in

anticipation of the announcement of £80m for the purpose

– see item 112 in this issue. There is also information

relating to planning issues which have

‘dogged’ the development of the market over the past

decade.

NHS

88. 300,000 prescriptions lost by NHS

6 March 2008 – BBC News

The Government has admitted that since 1997, approximately

300,000 prescription forms, carrying

names and addresses of patients have gone missing

whilst being transported around the NHS.

Shadow health secretary Andrew Lansley said handling

of personal information was "serially incompetent",

but Health Minister Dawn Primarolo refuted the

claim and said the number of prescriptions lost was

less than 0.01% of the total issued.

For full report click here

89. Threat to specialist dental work

6 March 2008 – BBC News

A survey of primary care trusts by the Patients Association

shows that the NHS is struggling to fund specialist

dental treatment in many areas. Over half said

they had trouble funding crowns, bridges, root canal

work and orthodontics.

The association said that patients faced

"unnecessary pain and cost".

For full report click here

90. Prescription costs to rise

7 March 2008 – HSJ

Public Health Minister, Dawn Primarolo has announced

that prescription charges will increase by

25p from 1 April.

The department stressed that the increase is below

the rate of inflation and will take the cost of a single

prescription item to £7.10.

91. PCTs cut continuing care packages

6 March 2008 – HSJ

Figures published by the Department of Health

shows that over a quarter of primary care trusts have

cut the number of adults they give NHS “continuing

care” in spite of guidance intended to boost the provision

of it. The figures given are based on the time

period between April and December 2007.

92. Moving beyond sponsorship: interactive

toolkit for joint working between the NHS and

the pharmaceutical industry

5 March 2008 – DoH

In February 2007, the Ministerial Industry Strategy

Group published its Long-Term Leadership Strategy

for medicines and to foster joint working between the

NHS and pharmaceutical industry it recommended

that the Department should develop an interactive

toolkit to support this.

For full report click here

93. Children's medical records stolen

5 March 2008 – BBC News

A laptop containing personal details of more than 200

children has been stolen from Madeley Health Centre,

in Telford.

Telford and Wrekin Primary Care Trust (PCT) said

one of its language therapists was running a clinic

and had left the laptop in another room, the thief

walked in and took it. It has since been disconnected

from the NHS network but a memory stick with 238

patients' details is still missing.

For full report click here

94. NHS in East publishes data loss

5 March 2008 – BBC News

In the East of England, the NHS has started to publish

information on any loss of data as part of its commitment

to confidentiality and security. The three

cases of missing data include a lost memory stick

listing 35 patients and printed information on 43 patients

which was thrown in a bin. The third case was

a memory stick lost and then found within a week.

For full report click here

95. Young dentists 'reject the NHS'

5 March 2008 – BBC News

'We are just meeting patient demand'

5 March 2008 – BBC News

Fears have been expressed that younger dentists are

turning their backs on the NHS. The NHS Information

Centre data suggests older dentists now focus on

NHS work more than young colleagues – which is a

complete reversal of the situation over five years.

Patient groups are warning that the trend could harm

NHS care.

For full report click here

For 2nd report click here

96. Average NHS wait up under Labour

4 March 2008 – BBC News

New figures show that the average hospital waiting

times have risen under Labour.

Before Labour came to power in 1997 waits of more

than 18 months were not uncommon, but now no-one

waits longer than six months in England, however,

NHS data shows that in 1997-98 median average

waits stood at 41 days, but by last year had risen to

49 days.

For full report click here

97. Surplus forecast for NHS

4 March 2008 - HSJ

The Department of Health figures based on the first

nine months of the financial year forecasts an

NHS surplus of £1.8bn. The gross deficit is expected

to reduce to £143m with 17 trusts remaining in deficit,

and the majority in balance.

98. Cost of NHS Direct

4 March 2008 - The Times, Public Agenda

Each of the calls answered by NHS Direct cost in

excess of £16. Seeing a GP costs between £20 and

£25.

99. £1.8bn surplus forecast for NHS after cutbacks

in patient care

4 March 2008 - The Times

DoH played down the saving by saying it is just 2.3%

of turnover. However, patient groups were highly

critical in the face of cutbacks in care.

100. Hitting the brakes created illusion of efficiency

4 March 2008 - The Times

Nigel Hawkes analyses the NHS savings comparing

it to a supertanker slow to respond and easily over

compensating – he believes the savings will simply

means that the NHS will, next year relax its controls

and the surplus lost.

101. Ipswich Hospitals NHS Trust issued

with improvement notice to change its infection

control practices

4 March 2008 - Healthcare Commission

Ipswich Hospitals NHS Trust was issued with an improvement

notice requiring immediate changes to its

infection control practices. The Healthcare Commission

issued the improvement notice following an unannounced

visit to the trust.

Its inspectors found breaches of the hygiene code

(which outlines 11 compulsory duties to prevent and

manage healthcare associated infections) covering

arrangements for clean and appropriate premises

and decontamination of equipment.

The trust has provided notification that it has complied

with all requirements of the notice.

102. GP warning over database access

3 March 2008 – BBC News

Government ministers are being urged to tighten up

access to the NHS database after doctors say healthcare

assistants get access to patients’ records.

The NHS stated they have access only to basic details

including allergies and medication, not full medical

histories.

For full report click here

103. Bug trust NHS chief stands down

3 March 2008 – BBC News

Ruth Harrison, the former chief of Stoke Mandeville

Hospital, Bucks, which saw 33 deaths in a superbug

outbreak has stepped down from running a review at

two hospitals in London and Surrey. She was reviewing

women's and children's care at Epsom General

Hospital and St Helier Hospital, but campaign group

Health Emergency and the Patients Association had

both complained about her appointment.

For full report click here

104. Patient 'not allowed' to buy drug

3 March 2008 – BBC News

David Swain is furious at being denied a new drug on

the NHS that could extend his life. He has terminal

bowel cancer and wanted to take Erbitux, but NICE

(National Institute for Health and Clinical Excellence)

ruled it was too expensive.

Mr Swain offered to pay £2,000 a month for it, but the

NHS told him that if he did he would have to fund all

his care. He plans to appeal against this decision.

For full report click here

105. NHS maintains strong financial position

3 March 2008 - GNN

The NHS continues to forecast a surplus for this financial

year with the vast majority of NHS trusts in

balance, the Department of Health announced.

The new figures are based on the first nine months of

the financial year. Although subject to fluctuation to

the end of the financial year, they show that the NHS

is forecasting a surplus of £1.8 billion at the end of

2007/08 compared to a deficit of £547m at the end of

2005/06. This surplus represents a small proportion

of the overall NHS budget - just 2.3 per cent - and the

money remains within the NHS.

There has also been improvement on reducing the

gross deficit, which is now expected to be £143 million,

compared to £204 million in the first quarter of

the financial year and £917 million at the end of

2006/07.

Commenting on the report David Nicholson, Chief

Executive of the NHS said:

"Today's report not only shows that the NHS now has

a strong and sustainable financial position, but also -

importantly - it shows that we remain on course to

deliver against our key pledges."

106. Blair rushed NHS IT project through,

documents reveal

March 2008 - HealthInvestor

Tony Blair, the Prime Minister is revealed to have repeatedly

asked that the NHS national IT programme

be speeded up prior to the 2005 General Election

according to papers released under the Freedom of

Information Act.

107. Storm in a teacup?

March 2008 - HealthInvestor

Article looking at the squabble about the freedoms (or

lack of them) of foundation trusts.

108. A pretty penny

March 2008 - HealthInvestor

A look at the report published in Feb 2008 by think

tank Reform which sheds light on the row over

whether the NHS denial of medicines to patients who

were prepared to pay for those medicines themselves

by way of making a ‘top up’ payment.

Nursing

109. RNCC Increase awaits Nurses Pay Review

5 March 2008

The English Community Care Association (ECCA)

responded to the Department of Health’s announcement

that increases in the RNCC will be delayed

pending the report of the Nurses Pay Review body.

Martin Green, Chief Executive of ECCA, said:

“The Department of Health has shown both incompetence

and a lack of fairness in the way they have

dealt with the RNCC changes and the news, which

was buried in the depths of the DH website, that increases

in RNCC scales are to await the report of

the Nurses Pay Review body shows that the Department

is not in step with the fact that much of the care

delivered to vulnerable people is delivered in the independent

and not the public sector”.

“There is a serious mismatch between a Department

whose policy is to stimulate the development of a

plural economy of care, but who at the same time

only understands statutory provision. The Nurses

Pay Review is appropriate to the National Health

Service but independent providers have contracts

with their staff which will require uplifts. It is time the

Department delivered policies and pronouncements

fit for the 21st Century rather than a system that was

designed by Beverage”.

110. The dangers of healthcare as one in

three nurses are abused by patients

3 March 2008 – Daily Mail

Researchers say their data shows that almost a third

of nurses are subjected to physical assaults or verbal

abuse at least once a month. The figure for British

nurses is the second highest among ten European

countries, with just France having a higher rate.

For full report go to

http://www.dailymail.co.uk/pages/live/articles/news/

news.html?in_article_id=524328&in_page_id=1770

Older People

111. No elderly couple will be split up if they

are forced into care, says Government

3 March 2008 – Daily Mail

Independent living – delivering on choice

and control for disabled people

5 March 2008 – NCF

Health Secretary, Alan Johnson, has pledged that

more elderly couples will be able to live together

rather than being forced apart when one of them is

taken into care. The Government has unveiled plans

to build more "extra care" housing - a form of very

sheltered accommodation with care on hand - for frail

couples to live in.

For full report go to http://www.dailymail.co.uk/pages/live/

a r t i c l e s / n e w s / n e w s . h t m l ?

in_article_id=524170&in_page_id=1770

For full NCF report click here

112. (DH) £80 million to keep older people together

in a home of their own

DH: New site section on delivering adult social

care: Housing

March 2008 – DoH

£80m extracare fund launched

4 March 2008 – NCF

Extra Care Housing Fund 2008-2010

4 March 2008 – NCF

Local authorities can share in an £80m of funding

from the Department of Health to build extra care

housing for older people and people with long-term

conditions to live in a home of their own.

People who are unable to continue to live in their own

homes have traditionally had their choices limited to

care homes creating a number of problems including

couples finding they can no longer live together, a

loss of autonomy and not having their own space.

Extra Care Housing offers a real solution to these

problems as it gives people a home of their own

where wide ranges of care and support services are

provided on site. Tenants enjoy greater privacy and

independence, couples can stay together, and social

and leisure opportunities can be enjoyed at the resident's

convenience. In addition, homeowners may be

able to keep some of the equity in their property.

Health and Care Minister Ivan Lewis said:

"Extra care housing is about offering people a choice.

Too often I hear of cases where a couple who have

been together for over fifty years are forced apart because

one requires care and has no choice but to

enter residential or nursing care leaving their partner

at home. I want to change that and extra care housing

will give people a choice about how and where

they choose to spend their later life."

Since 2004, 905 extra care housing schemes have

been built or are under construction in England, providing

over 37,000 homes.

The £80 million made available by the Department of

Health through the 2007 Comprehensive Spending

Review (CSR) for the development of extra care

housing will encourage the continued development of

this type of accommodation.

For DoH report click here

For NCF report click here

For 2nd NCF full report click here

113. Choice in death as we have in life

March 2008 - Caring Times

Sara Quick, a care home owner, sets out the view

that terminally ill older people should be able to discuss

assisted dying and be able to choose the option

of a ‘good death’.

114. Is social insurance the answer to LTC

funding?

March 2008 - Community Care Market News

James Lloyd of the International Longevity Centre,

speaking at the Institute of Actuaries, has suggested

provision could be made for long term care of older

people by a one-off payment into a nationally managed

fund.

115. Care Association successfully stalls

Lancashire’s cut-backs

March 2008 - Community Care Market News

Report on the success of Lancashire Care Association

in persuading Lancashire County Council not

only to reverse its decision to cut the budget for older

people by some £1.6m but to increase it.

See previous report in BHCR Vol 3, Issue 8, item 22.

Parliament

13.03.08—HoL - Lord Patel to ask Her Majesty’s

Government what is their response to the Tooke report

on modernising medical careers.

Social Care

116. National integration of health and social

care records on the cards

4 March 2008 – Community Care

The Association of Directors of Adult Social Services

has announced that social care and health records

could be linked up nationwide if four pilot areas prove

to be a success.

The pilots will test methods of integrating social care

record systems with the NHS Personal Demographics

Service and the areas are Cheshire Council, London

Borough of Greenwich, Slough Council and Torbay

Care Trust.

For full report click here

117. Skills for Care says workforce could

double by 2025

3 March 2008 – NCF

Skills for Care has announced that the adult social

care workforce could double to 2.5 million by 2025 to

meet the needs of millions of people who use services.

The State of the Adult Social Care Workforce takes

new data from the National Minimum DataSet-Social

Care (NMDS-SC) to model future workforce needs

scenarios.

For full report click here

Staff, employment and

disciplinary

118. The EAT has handed down a decision reaffirming

the options an employee has when an employer

seeks to foist a unilateral variation of contract on him.

The four choices (para. 20) are:-

acquiescing in the variation;

resign and claim constructive dismissal;

refuse to work under the new terms, and force the

employer to take what steps it thinks appropriate;

or,

stand and sue, by working under protest and seeking

damages (either for breach, or for unfair dismissal).

In this case, the employee agreed to the changes

'under protest' but then refused to work under the

new terms. The EAT held that the decision to dismiss

him was fair as, having agreed (alebit under protest),

he could not renege on his agreement - therefore he

was refusing to obey lawful and reasonable instructions.

119. Minimum wage rises 21p an hour

6 March 2008—The Times

Unions attacked the latest increase in the minimum

wage as too low after it was set at 3.8 per cent yesterday.

The 21p increase takes the hourly rate for

adult workers to £5.73 from October. Business