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BHCR 2008 Vol 3 Issue 02

(Click the icon to download)
© Brunswicks LLP 2008

This week’s article

Editorial

This past week has seen the BBC build its profile

further in terms of raising public awareness to many

of the crucial issues confronting social care and

healthcare going forward.

In much of its radio programming, particularly on

Radio 4, there have been features on a variety of

aspects of care.

Yesterday I listened to You & Yours, the listeners

experiences of social care was the topic. Mostly

people talked about trying to get care for a relative or

close friend. Unsurprisingly, most people reported

poor experiences.

Sitting as a panel, expressing views, were Dame

Denise Platt, chair of Commission for Social Care

Inspection, Imelda Redmond, chief executive of

Carers UK and Julia Unwin, director of Joseph

Rowntree Foundation.

In the issue of funding of social care was also

explored. Overwhelmingly, there seemed to be a

majority of listeners willing to contribute to their own

care. However, there was a proviso, namely, that

people want to know, up front, exactly how much the

State will contribute they will then be able to assess

how much they have overall to buy support/care.

The month long series of programmes began with

Gordon Brown as Prime Minister asserting that his

Government’s policies on social care will be

influenced by views expressed by viewers and

listeners to topics raised.

So become engaged and help to influence the

decision takers by becoming and ‘opinion former’.

You can download, as a podcast, many of the

programmes since 7th January.

Parliament

15.01.08 – HoC – NHS and the Mentally Ill and East

Surrey Hospital’s finances, Private Members

Debates; Health & Social Care Bill;

16.01.08 – HoC – Henderson Hospital, Private

Members Debate

Continued...

Next

Abuse

Nothing to report

Business News

1. Priory Group

9 January 2008 - The Times

Report that Philip Scott, ex Southern Cross has been

appointed CEO of Priory Group.

2. Philip Scott New Priory CEO

8 January 2008

Philip Scott has been appointed Chief Executive Officer

at the Priory Group, a leading provider of mental

healthcare and specialist education services.

Scott was previously CEO at Southern Cross Healthcare

Group plc, where he presided over a period of

substantial growth for the company, including its successful

IPO in July 2006.

Priory Group Chairman Hans Michels said, "After a

year of record growth, I am pleased to strengthen

Priory's management team with the arrival of Philip

Scott. I welcome Philip to the company and look forward

to his contribution to the continued growth and

development of Priory as a leading healthcare and

specialist education provider."

Philip Scott commented, "I am delighted to be joining

the team at Priory and look forward to working with

colleagues to further develop the business. Already

recognised as the UK market leader in the fields of

independent mental health and specialist education

provision, I look forward to developing new business

streams that will broaden the range of services operated

by the Priory Group."

3. Cash and the healthcare business – part 2

January 2008 – Healthcare Business

Barry Giddings, Hard Hat Corporate Ltd, sets out his

views about keeping control of the purse strings, controlling

and collecting cash and the positive effect

efficient control has on profitability.

Care Homes

4. Families' legal action over homes

11 January 2008 – BBC News

Relatives of people living in care homes in Coventry

are considering taking legal action to stop the process

of closure.

Coventry City Council is currently undergoing a consultation

for the four homes earmarked for closure,

Eric Williams House, George Rowley House, Jack

Ball House and Hawthorn Lodge.

For full report click here

5. Several readers sent the following item

which they thought would be of interest to

the BHCR readers

In a letter to The Guardian 08 January 2008 “to celebrate

the 60th anniversary of the NHS in homes for

the elderly… staff are now required by the PCT to

ration incontinence pads. To achieve this, residents

are going to be restricted to 1.5 liters of fluid a

day. Denying the elderly – some of whom… built the

NHS – a drink when they want is a cruel way to celebrate”.

6. Accolade for 'great' care home

7 January 2008 – Scarborough Evening News

Gay Sheader, 81 years old praised a care home for

its kindness at Christmas. She was impressed with

the level of care she received whilst staying for

Christmas and New Year at Braeburn House in Moor

Lane, Eastfield.

For full report go to http://

www.scarborougheveningnews.co.uk/news/Accoladefor-

39great39care-home.3643759.jp

Case Reports

Law Reports

7. Camden London Borough v Price-Job

The Court of Appeal held that there is nothing in s.4A

Disability Discrimination Act 1995 to suggest that the

duty to make reasonable adjustments arose only

where an employer knew or ought to have known that

such steps were available.

8. (1) Mr T, (2) Mrs T v (1) Special Educational

Needs Tribunal for Wales, (2) Neath & Port

Talbot County Borough Council

A decision of the Special Educational Needs and Disability

Tribunal that contained inadequate reasons as

to why it had preferred the evidence from a local authority's

experts as to the adequacy of the acoustic

environment of a school named in the statement of

special educational needs for a child who suffered

from profound hearing loss was remitted so that a

statement of its reasons could be made.

9. R (on the application of (1) Priti Hansraj

Chavda (2) Margaret Fitzpatrick (By her

daughter and Litigation Friend Pamela Fitzpatrick)

and Milton George Maos v Harrow

London Borough Council

H proposed, due to financial constraints, to restrict

adult care to people with critical needs. All the applicants

had been in receipt of community care from H

pursuant to s 2(1) Chronically Sick and Disabled Persons

Act 1970.

H had to take into account legislation including Disability

Discrimination Act 1995 (DDA) and the Human

Rights Act 1998. Although there was an assessment

of the impact on different service user groups and

found a risk of impact on various individuals there

had been no assessment of the disability equality

duty under s49A DDA.

Accordingly the judicial review would succeed in part.

10. Savage v South Essex Partnership NHS

Foundation Trust

The deceased had a long history of mental illness.

She was detained at Runwell Hospital under

sect 3 Mental Health Act 1983 (MHA) she absconded

and committed suicide. The claim was brought by S,

the deceased daughter for damages asserting that

the NHS Trust breached the deceased’s right to life

under Article 2 of the European Convention on Human

Rights.

The NHS Trust asserted that in order for it to have

legal liability for the death gross negligence or worse

must be established.

The Court of Appeal did not agree and said that patients

detained under the provisions of the MHA were

not in a similar position to an ordinary hospital patient,

but more akin to a prisoner.

Disciplinary cases

Nothing to report

Cases in the news

11. Nurse admits £70k fake wage claim

11 January 2008 – BBC News

Nurse, Hoong Chen-Fatt, 28, has been jailed for

swindling over £70,000 out of the NHS. Chen-Fatt

submitted timesheets and claimed for shifts he had

not worked at the Luton and Dunstable Hospital,

Beds in 2006 to fund his gambling addiction.

He was sentenced to a 27-month prison term.

For full report click here

12. Ombudsman urges council to pay family

full £100,000

11 January 2008 – Community Care

Trafford Council has been told to re-think its offer by

the Local Government Ombudsman after it offered

only a fraction of the recommended compensation to

a family of a young disabled woman.

The council was found guilty of maladministration in

July 2007 after it failed to find a suitable long-term

placement for Daisy, the family’s disabled daughter.

Ombudsman Anne Seex said that the council had

carried out a flawed needs assessment and recommended

that the family be paid £100,000 to reimburse

the cost of caring for Daisy at home since August

2005, as well as for the anxiety and stress

caused.

For full report click here

13. Fine over rats at food warehouse

9 January 2007 – BBC News

Swansea Crown Court has heard that an “extensive”

rat infestation was found at a firm that supplies food

to care homes and schools across west Wales.

Rodent faeces, bird droppings, maggots and dead

rats were found on or close to food at the Skelfayre

warehouse in Pembroke Dock, leading to a large

amount of food being recalled and destroyed after the

find in July 2006.

Skelfayre director Edward Lewis, 67, was fined

£16,900 but the judge heard the company was now

insolvent.

For full report click here

14. Unregistered private healthcare provider

sentenced

9 January 2008 – Healthcare Commission

The Healthcare Commission secured the second conviction

of an unregistered provider for the continued

provision of laser services, when unregistered.

Mohammed Sadiq was sentenced for offences under

the Care Standards Act 2000, which requires providers

who use a class 3B or 4 laser to register with the

Healthcare Commission.

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

newsandevents/pressreleases.cfm?

cit_id=5961&FAArea1=customWidgets.content_view_1&useca

che=false

15. Drunk nurse placed under caution

9 January 2007 – BBC News

Bridget Sheridan, 53 was placed under caution for

three years for being drunk and falling asleep whilst

on duty. The conduct hearing heard she was found

asleep in a resident’s room at Ashgrove Nursing

Home in 2005 and failed to give medication to two of

her patients.

Her work will now be supervised at all times. She

said at the time she had just come through an episode

of domestic violence and was trying to cope

with the impact.

For full report click here

16. Woman 'found dead in wheelchair'

7 January 2007 – BBC News

An inquest hard that a 74-year-old woman died after

being left in a wheelchair overnight in a private nursing

home.

Brigid O'Callaghan was found with the chair's seat

belt around her neck at Amberley Court nursing

home in Edgbaston, Birmingham, currently run by

BUPA.

The inquest is expected to last a week.

For full report click here

Children

17. Children and Young Persons Bill debated

in House of Lords

10 January 2008 – Community Care

During a debate on the Children and Young Persons

Bill, Liberal Democrat and crossbench peers raised

concerns about current plans to pilot a GP-style

practice to provide social work services to lookedafter

children.

The MPs spoke of their concerns that the practices

may fragment local children’s services, cherry pick

the easiest cases and cream off the best local practitioners.

For full report click here

Conferences & Courses

To follow next week

Consultations

18. 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

19. NICE: Current consultations

To browse through consultations go to http://

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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. 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

37. 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

CSCI, CSSIW, Healthcare

Commission &

Scottish Care Commission

38. MHAC, CSCI and Healthcare Commission

critical of merger plans

10 January 2008 – Community Care

Concerns about the merger of CSCI, Healthcare

Commission and Mental Health Act Commission have

been expressed by the same three bodies.

The bodies are due to be merged into a new Care

Quality Commission, in an evidence hearing to the

parliamentary committee considering the Health and

Social Care Bill. The concerns included the new

commission itself and proposed significant changes

to the legislation.

For full report click here

39. Bonfire of quangos ‘is unnecessary and

puts patient safety at risk’

9 January 2008 - The Times

Sir Ian Kennedy, chair of CHAI (Healthcare Commission),

told MPs that Gordon Brown’s ‘bonfire of the

quangos’ which is due to see Commission for Social

Care Inspection, Healthcare Commission and Mental

Health Act Commission abolished and replaced by a

new super-regulator, the Care Quality Commission,

was neither necessary nor desirable. The explanation

that the new regulator would have greater enforcement

powers did not mean that a new regulator

was needed.

40. Unregistered private healthcare provider

sentenced

9 January 2008 – Healthcare Commission

For full report go to Case Reports – item 14

41. CSCI gives evidence to the Public Bill

Committee

9 January 2008 – CSCI

On Tuesday 8 January, CSCI gave oral evidence to

the Health and Social Care Public Bill Committee

and you can read a full transcript at the link below.

For full report click here

42. GSCC has referred one social worker to

CSCI

8 January 2008 – Community Care

It has been revealed under the Freedom of Information

Act, that the General Social Care Council has

only ever referred one social worker, a care manager,

to CSCI. Sir Rodney Brooke, GSCC chairman

revealed the information to clarify that the GSCC

only had statutory powers to regulate the social care

workforce, and not the social care services, as is

generally believed.

For full report click here

43. Care and social services in Wales improve

but quality inconsistent

8 January 2008 – National Care Forum

Rob Pickford, Chief Inspector of the Care and Social

Services Inspectorate Wales (CSSIW) has announced

that care and social services in Wales improved

during 2006-07, but that the quality of some

services remains inconsistent.

The announcement was made in the new inspectorate’s

first annual report published on Tuesday 8

January.

For full report click here

44. Rise in online care service checks

7 January 2008 – Scottish Care Commission

According to the Scottish Care Commission, more

people than ever are going online to check how good

a care service is.

For full report click here

45. People who use services wanted for BME

workshops

7 January 2008 – CSCI

CSCI is looking for black and minority ethnic (BME)

people who use social care services to help them

with a series of workshops due to start in February

2008.

For full report click here

Education

46. Tooke delivers verdict on medical training

8 January 2008

The final report on the inquiry into Modernising Medical

Careers has been published, by a team headed

by Sir John Tooke. The report proposes the creation

of a new body, NHS Medical Education England, to

manage postgraduate medical training.

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

47. Nurses' uniform probe concludes

11 January 2008 – BBC News

The Office of the Scottish Charity Regulator (OSCR)

has warned NHS Tayside that using charity funds to

buy basic equipment should only be a “one off”. The

caution came after £400,000 of donations was used

to buy nurses’ uniforms in 2004.

However, OSCR ruled that the purchase of the garments

was permitted because they improved staff

working conditions but the organisation also said that

it was not in the public interest for its inquiry to continue

any longer.

For full report click here

48. Docs Unite In Row Over A&E Threat

9 January 2008 – Evening Times

Consultants: Monklands A&E Changes Will

Put Patients At Risk

9 January 2008 – The Herald

Every casualty consultant in Lanarkshire is calling on

the Government to reject health board plans for the

threatened casualty unit at Monklands Hospital.

Health Secretary Nicola Sturgeon refused to accept

NHS Lanarkshire's earlier decision to shut the unit

and set up a scrutiny panel to examine plans for

emergency care, however, fresh proposals from the

board to remove intensive care facilities from the unit

have united doctors in the area against the plans.

49. Health board elections outlined

8 January 2007 – BBC News

The Scottish Government has announced plans for

direct elections to health boards to help boost public

confidence in the health service.

Health Secretary Nicola Sturgeon said many Scots’

perceptions were that health authorities had not always

properly listened to local views. The proposal

will be outlined in draft legislation to be brought before

parliament in the summer.

For full report click here

Wales

50. A&E's 15-minute ambulance target

8 January 2007 – BBC News

Welsh A&E departments have been given a 15-

minute target to get patients out of ambulances when

arriving at hospital. Health Minister Edwina Hart has

set the time limit to avoid ambulance queues outside

A&E units and free them up for other emergencies.

The Welsh Assembly Government said staff already

worked towards the target but from April it would be

mandatory.

For full report click here

51. Commissioner for Older People

7 January 2008 – Welsh Assembly Government

website

The Welsh Assembly Government has appointed

Ruth Marks as Commissioner for Older People in

Wales.

Learning Disabilities

52. Council to close city care home

8 January 2007 – BBC News

A residential care home for adults with learning disabilities,

Pittsburgh House in Meir, is set to close. It

currently homes nine people but the city council said

it was old fashioned with no lift and no en-suite accommodation.

The Council has started a three-month consultation

offering alternatives with better provisions.

For full report click here

Legislation Update

Nothing to report

Mental Health

53. Courts failing to issue treatment orders

9 January 2008 – Community Care

A Sainsbury Centre for Mental Health report has

claimed that courts are not referring people with mental

health problems for treatment when they issue

community sentences.

Less than 1% of the 120,000 people issued with community

orders in 2006 were given a mental health

treatment requirement. This is in spite of figures estimating

that half of people on community orders have

at least one mental health problem.

For full report click here

To read the report go to www.scmh.org.uk

Miscellaneous

54. I can afford to smile after my trip to Hungary

13 January 2008 - The Mail on Sunday

Item about medical tourism. 40,000 Britons went

overseas in 2007 for dental work. Focus on Helen

Loveless who needed £10 - £12,000 of cosmetic dental

work used revahealth.com to find dentists who

could undertake the work which began with a consultation

in Harley Street, London. The full course of

treatment cost £4,700.

55. Norovirus advice broadcast on web

11 January 2008 – BBC News

Dr Syed Ahmed of NHS Greater Glasgow and Clyde

has issued advice on the Norovirus via a web broadcast.

He talks through steps the public can take to

minimise the risk of sickness and diarrhoea. Up to

100,000 people are catching the virus every week

across the UK.

He said "Good hygiene, particularly regular hand

washing is key to preventing further spread of the

virus".

For full report click here

56. Vomiting bug 'hits three million'

11 January 2008 – BBC News

For full report click here

57. Frustration Is To Blame For Rise In Attacks

On Docs

10 January 2008 – Evening Times

Doctors do not report attacks

10 January 2008 - The Times

One in three doctors report having been verbally or

physically in the past 12 months. Most did not report

it.

58. GSCC urges talks on sexual boundaries

code

11 January 2008 – Community Care

The General Social Care Council has expressed a

wish to develop codes of practice on sexual boundaries

for social care staff. The body says that this is

the one issue that keeps recurring in its conduct

cases and follows the publication of guidance by the

Council for Healthcare Regulatory Excellence. The

guidance sets out clear boundaries between health

professionals and patients.

For full report click here

To see the Council for Healthcare Regulatory Excellence report

go to www.chre.org.uk

59. Government announces major investment

in drug treatment services

10 January 2008 - GNN

Public Health Minister Dawn Primarolo announced

£398m funding for drug treatment for 2008/09 to

build on the successes of existing drug treatment

programmes.

Record levels of investment have delivered record

numbers entering and staying in drug treatment services.

195,000 people received treatment in 2006/07,

130% more than in 1998.

The Drug Treatment Budget is changing to a system

of allocations per person treated, rather than by formula,

thus ensuring that the investment goes where

it is most needed. This change is occurring over four

years to ensure that the resources secure the best

return in regards to the delivery of effective treatment.

60. Call for quicker drug decisions

10 January 2008 – BBC News

MPs are calling for a faster, more streamlined system

of assessing treatments for the NHS in England,

Wales and Northern Ireland.

A Commons Committee suggested that the National

Institute for Health and Clinical Excellence should

adopt a "rough and ready" approach, similar to Scotland,

a Commons committee said.

For full report click here

61. Woman's anger over cancer drug

9 January 2007 – BBC News

Barbara Moss, 53, is calling for a cancer drug to be

made available on the NHS. Ms Moss paid £10,000

for Avastin after being given three months to live, but

doctors now say she has a 40% chance of survival.

The National Institute for Health and Clinical Excellence

(NICE) say that the drug does make tumours

smaller, but it doesn’t extend life long enough to

make it cost effective.

Ms Moss now needs another course.

For full report click here

62. Hospital bug strategy is set out

9 January 2007 – BBC News

Ministers have announced a raft of measures aimed

at tackling potentially lethal hospital infections including

more infection control nurses, patient screening,

deep cleaning and a campaign to cut use of antibiotics.

MRSA and C.difficile rates are now falling but are still

causing thousands of death every year.

For full report click here

63. Support for ‘home-grown’ doctors

9 January 2008 - The Times, Letters to the Editor

Letters from Dr Steve Parry and Dr Bruce Mein who

challenge the views of Hamish Meldrum and Terry

John of the BMA who supported the decision of the

High Court that there should be a global open field in

selection of junior doctors.

64. GP out of hours service

It looks like the Govt is raising the stakes in its standoff

with GPs over opening surgeries, later in the evenings,

earlier in the mornings and at weekends. The

Department of Health has engaged Ipsos MORI to

poll a cross section of the public to gauge satisfaction

levels with current GP services. Questions are asked

about whether patients can book appointments ahead

more than two days – we all remember Tony Blair,

then Prime Minister, being flummoxed by a questioner

on just that issue during pre-election television

debate. Other questions are directly about demand

for Saturday and Sunday opening.

The BMA will need to be swift to gather a solid body

of evidence to support its position on this issue.

65. Overseas doctors

8 January 2008 - The Times, Letters to the Editor

Dr Hamish Meldrum, Chairman of Council, BMA, and

Dr Terry John, Chairman BMA international Committee

write in support of the court judgement which

ruled that Government guidance which made it harder

for overseas doctors to apply for training contracts

was unlawful.

66. Director of Nursing & Midwifery

8 January 2008 - The Times

A job advert placed by Wirral University Teaching

Hospital NHS Foundation Trust offering £85,000 for

the post – more if you are an exceptional candidate.

67. Department of Health ‘must be stripped of

doctors’ training role’

8 January 2008 - The Times

Sir John Tooke’s committee has recommended that

the chaotic mismanagement of doctors training

should not remain with the DoH and must be placed

in the hands of a new body and the cash for training

should be ‘ringfenced’ within the NHS.

68. New doctor training body 'needed'

8 January 2007 – BBC News

A report by Professor Sir John Tooke is calling for the

Government to be stripped of its responsibility for

training junior doctors in England. The professor was

asked to look at the system after last year’s chaos

when 30,000 doctors were competing for 20,000 NHS

training jobs.

Sir John has called for a new body, NHS Medical

Education England to manage the postgraduates

medical training and to also have responsibility for

liaising with the devolved administrations in Scotland,

Wales and Northern Ireland.

For full report click here

69. Brown signals individual budget u-turn

on healthcare

8 January 2008 – Community Care

Prime Minister, Gordon Brown, has indicated that the

Government would end its opposition against extending

individual budgets to healthcare.

He made the statement in his speech on the NHS

and said that where appropriate, the extension of

choice in healthcare could "include the offer of a personal

health budget, giving patients spending power

and thus a real choice of services". It will most likely

apply to those patients who have long-term conditions.

For full report click here

70. King’s Fund statement on the Prime Minister’s

health speech

7 January 2007 – King’s Fund

The King’s Fund has issued a statement on the

Prime Minister’s health speech.

For full report click here

71. Protest over higher care charges

7 January 2007 – BBC News

Campaigners are staging a protest to mark the first

day of increased charges for home care services in

Fife.

Fife Council carried out an impact study on the

charge and concluded that the move could be implemented,

but the charge has been branded illegal because

it is being introduced without any research into

the effects it could have on the people who will pay it.

For full report click here

72. New Healthcare Agenda

7 January 2008 - BBC Radio 4, Today

Abandon the bill

7 January 2008 - The Financial Times

With the NHS 60th anniversary almost upon us the

Prime Minister, Gordon Brown, set out his vision of

personal healthcare and preventative healthcare

practice.

Having individualised budgets and a common regulatory

system is, in his view, key to the future development

of such a vision.

A central aspect to the Health and Social Care Bill is

the abolition of the current regulators and the replacement

with a new super-regulator, something which

the author is opposed to arguing for stability.

73. Chair for Pandemic Influenza Advisory

Group

7 January 2008 - GNN

Experts around the world share the view that a global

pandemic of influenza could emerge and could cause

millions of deaths. It is not possible to predict when

this will occur. In the UK alone, a pandemic could

affect 25-50% of the population and cause up to

750,000 deaths. It is therefore imperative that the UK

has robust preparations for an influenza pandemic in

place.

As part of the UK's pandemic influenza preparation,

the Department of Health established a Scientific Advisory

Group on Pandemic Influenza (SAG), which

advised on the scientific evidence base for healthrelated

pandemic influenza policies. As part of a

process to ensure SAG is more flexible and independent,

Professor Sir Gordon Duff has been appointed

as an external Chair of the group.

More information on the Scientific Advisory group on

Pandemic Influenza is available at: http://

www.advisorybodies.doh.gov.uk/sagpf/index.htm

More information on the Pandemic Preparedness activities

of the Department of Health is available at:

http://www.dh.gov.uk/en/PandemicFlu/index.htm

74. 77% of all Legionnaires’ Disease cases

are in the “over 50” age group

January 2008 – Healthcare Business

Item which considers steps to control the bacteria,

Legionella, which causes the disease and that failure

to do so may result in care providers being prosecuted

under the Corporate Manslaughter and Corporate

Homicide Act 2007.

75. The great moral question and the political

dilemma

January 2008 – Healthcare Business

A look at the pressures of how to fund social and

healthcare. Whether it should be free at the point of

delivery, paid for by those in receipt – where they can

afford to or some mix.

NHS

76. Rationing the NHS

13 January 2008 - The Sunday Times, Letters to

the Editor

Letters from a variety of people about their experiences

including Roy Milnes whose mother survived

an overdose which she had taken because of her

poor quality of life consequent on an incurable muscle

wasting disease. She was keep on life support

for nine months.

A letter articulating the point that as 50% of the NHS

budget is spent on the over 64s and that sustaining

life in the older age group will become unsupportable

financially.

77. Trusts encouraged to recruit antiinfection

Staff

10 January 2008

Govt is making £45m available to hospitals to recruit

staff to fight hospital acquired infections.

78. Statistical press notice NHS Referral To

Treatment (RTT) times data October 2007

10 January 2008 - GNN

* The NHS Improvement Plan, published in July

2004, stated "By 2008, no one will have to wait

longer than 18 weeks from GP referral to hospital

treatment..." - DH PSA target 13. This data is being

used to monitor progress towards this target.

* A data completeness assessment is being published

alongside the reported figures in order to aid

interpretation of the data.

Table 1 - RTT data by Strategic Health Authority

(commissioner based) - admitted and non-admitted

data - October 2007

* Table 1 shows the proportion of patients seen within

18 weeks by Strategic Health Authority for admitted

and non-admitted pathways.

* The data is accompanied by a data completeness

assessment for each Strategic Health Authority.

* The data completeness assessment compares the

number of completed pathways with a known clock

start reported in the RTT return against the expected

number of pathways.

* In total, 319,000 admitted patients and 911,000

non-admitted patients, for whom English commissioners

are responsible, completed their RTT pathway

during October 2007.

* The NHS reported both the clock stop and the clock

start for 267,000 (84%) of completed admitted pathways

and 870,000 (96%) of completed non-admitted

pathways.

* Of those pathways with both a known clock stop

and a known clock start, 60% of admitted patients

and 77% of non-admitted patients completed their

referral to treatment pathway within 18 weeks.

The Department of Health published the 18 Weeks

Rules Suite on 28 November 2007. The documents

can be found at:

http://www.18weeks.nhs.uk/public/default.aspx?

load=ArticleViewer&ArticleId=413

Full details of RTT data for individual organisations is

available at:

http://www.performance.doh.gov.uk/rtt/

79. Government announces major investment

in drug treatment services

10 January 2008 - GNN

For full report see Miscellaneous—item 59

80. Clean, safe care: reducing infections and

saving lives

9 January 2008 – DoH

A document drawing together recent initiatives to

tackle healthcare associated infections and improve

cleanliness and details new areas where the NHS

should consider investing to ensure that patients receive

clean and safe treatment whenever and wherever

they are treated by the NHS.

For full report click here

81. Extra specialist staff for tackling hospital

infections

8 January 2008 - GNN

Every hospital trust in England will be able to recruit

two infection control nurses, two isolation nurses and

an antimicrobial pharmacist with millions of pounds of

extra investment for infection control in the NHS,

Health Secretary Alan Johnson announced.

This funding will allow local organisations to invest up

to £45m on additional specialist staff*, who play a

crucial role in cleanliness and infection prevention &

control.

Alan Johnson said: "We have gone from what has

been described by the HPA as 'a seemingly unstoppable

rise in MRSA bloodstream infections throughout

the 1990s' to a 10% fall in cases of MRSA, thanks

to the hard work and dedication of NHS staff, but we

know that there is still more to be done.

81. Extra specialist staff for tackling hospital

infections (continued…)

"The investment of an extra £270 million and this

strategy will help the NHS to continue the good work

going forward. Patients have my assurance that the

Government will not take its foot off the pedal and

will continue to do all we can to tackle infection."

From February 2008, a new nationwide campaign

will be launched to remind the public, GPs and other

doctors that using antibiotics is not effective on many

common ailments. The campaign will also highlight

that inappropriate use of antibiotics can increase the

emergence of antibiotic-resistant strains of infections

and that prudent prescribing is therefore required.

As well as recently announced initiatives including a

new 'Bare Below the Elbows' dress code and every

hospital to have undergone a deep clean by March

2008, the Strategy outlines further areas that the Department

is leading on to support the NHS in the fight

against HCAIs.

'Clean, safe care' sets out where there are national

expectations and requirements for the NHS in tackling

HCAIs- but also guides NHS organisations as to

the actions and investment that will be most effective

in continuing to tackle infection and improve cleanliness

in their local area. The document is also written

with patients, public and staff in mind. It can be found

at http://www.dh.gov.uk.

82. Chronically ill to get care budgets to

choose their treatment on NHS

8 January 2008 - The Times

Gordon Brown used a speech to mark the beginning

of the NHS 60th anniversary to launch his ideas about

personal budgets – currently only available for longterm

social care for older people and the disabled.

83. This is a bad case of verbal diarrhoea and

projectile promising

8 January 2008 - The Times

Prime Minister Gordon Brown re-launches

political agenda

7 January 2008 - BBC Radio 4, Today

The Prime Minister, Gordon Brown, gave a foretaste

of a speech to mark the 60th anniversary of the NHS

he indicated his preference for individualised budgets

for those with chronic healthcare problems, an approach

currently available for social care.

84. Brown pledges superbug screening

6 January 2007 BBC TV, Andrew Marr Show

Patients going into English NHS hospitals are to be

screened for MRSA and C. difficile, the PM has

said. Gordon Brown said that tackling hospitalacquired

infections was an "absolute priority".

For full report click here

85. In full: Brown speech on the NHS

7 January 2007 – BBC News

The full text of Prime Minister Gordon Brown's

speech on the NHS screening plans:

For full report click here

86. Cancer woman threatens to sue NHS

7 January 2007 – BBC News

Debbie Hirst, 56, is threatening to sue the NHS for

breach of her human rights in a row over a drug that

could potentially extend her life.

She wants to pay privately for the breast cancer drug

Avastin but has been told that if she starts taking it

privately her free treatment on the NHS, including

scans and blood tests, will end.

The government says it could lead to a two-tier system.

For full report click here

87. MRSA 'could be treated at home'

7 January 2007 – BBC News

Experts have announced that up to a third of people

with MRSA could actually be treated at home with

antibiotics. This could potentially save the NHS significant

sums of money.

The issue was discussed by independent experts in a

report, funded by the drug company Pfizer, about

managing MRSA. The Department of Health responded

by saying that treatment at home was not

always appropriate, but it was an option for trusts to

examine.

For full report click here

88. MP attacks NHS emergency system

7 January 2007 – BBC News

Dr Richard Taylor, Wyre Forest MP has criticised the

NHS for not having enough beds to cope with emergencies

across Worcestershire.

He said the current system was not working due to

insufficient beds being available and operations being

cancelled a couple of weeks ago.

For full report click here

Nursing

89. Nurses 'too busy', family claims

8 January 2007 – BBC News

An 81-year-old woman’s relatives say they had to

feed her in hospital themselves because staff were

“too busy” to.

The patient was suffering from dementia and lost a

stone during her two-month stay at Leicester General

Hospital. The Trust said that 90% of its patients were

happy with their service.

For full report click here

Older People

90. Neglect led to home death

11 January 2008 - The Times

Woman ‘found dead in wheelchair’

8 January 2008 - BBC News online

Widow ‘found strangled by wheelchair belt in

Bupa home’

8 January 2008 - Daily Mail

An inquest in Birmingham into the death of Brigid

O’Callaghan, 74, in 2005 in a BUPA care home

made a finding of accidental death. The deceased

had been strangled by a safety belt on a wheelchair;

the jury said there had been six ‘gross failures’ in her

care including leaving the deceased unchecked overnight.

91. Worn-out slippers replaced free

11 January 2008 – BBC News

Hull’s elderly are being encouraged to part with their

favourite worn-out pair of slippers to receive a brandnew,

firm-fitting pair for free.

The plan to prevent falls and injuries among pensions

will be launched this week by groups concerned

with the welfare of the elderly.

For full report click here

92. Survey to examine attitudes to life in care

for older people

9 January 2008 – NCF

A new survey is being conducted by Roger Clough of

Eskrigge Social Research to gain a better understanding

of what people value about life in a residential

care home or nursing home.

The survey was launched with an article in Society

Guardian (www.societyguardian.co.uk).

For a long time it was assumed that living in a home

is second best, a perspective that may undermine

those who live and work in homes but there is also no

doubt that there are thousands of people who enjoy

life in a home and would rather be there than anywhere

else.

For full report click here

93. Elderly care funding reform plea

7 January 2007 – BBC News

A consultation of 700 people by the King’s Fund

shows that most people would be happy to contribute

to the costs of long-term care for the elderly as long

as there was a fairer system.

The resulting report showed high levels of dissatisfaction

with means testing and the “postcode lottery”

over social care entitlements.

For full report click here

94. RNHA welcomes dementia care report

January 2008 – Healthcare Business

Frank Ursell, CEO Registered Nursing Homes Association,

welcomed the Alzheimer’s Society call for

government to provide greater funding for specialist

training of care home staff.

Parliament

18.01.08 – HoL - Kidney Transplant Bill [HL] Second

Reading. If the bill is read a second time, Baroness

Finlay of Llandaff to move that the bill be committed

to a Committee of the Whole House.

Social Care

95. Commissioning Framework for Health

and Well-being: Response to consultation

11 January 2008 – DoH

The commissioning framework for health and wellbeing

sets out the eight steps that health and social

care should take in partnership to commission more

effectively. This document summarises responses to

a consultation on the framework.

For full report click here

96. GSCC: ‘Discriminatory health statement

must go'

9 January 2008 – Community Care

The General Social Care Council is asking the Government

to drop current requirements for social workers

to declare physical or mental health conditions

when applying for registration.

For full report click here

97. Carers Grant 2008-2011

7 January 2008 – DoH

A good practice guidance is issued every year along

with monies to enable councils to support carers. This

is monitored by the Commission for Social care Inspection.

For full report click here

Staff, employment and

disciplinary

98. New Skills for Care survey reveals happy

but unappreciated social care workforce

14 January 2008

A survey of 500 workers has revealed most are

happy in their work but only 39% considered that

their work was appreciated and many said that there

was little understanding of their work.

Skills for Care Chair Donald Hoodless said:

“The fact that a sizeable majority of the one million

people who work in social care in England feel their

work is undervalued reinforces the problems we

have in making sure their work with some of the most

vulnerable people in our society is properly recognised

by the general public.

“We are going to need more and more care workers

to meet the needs of an aging population and the

general public’s negative view of care work means it

will be difficult for the sector to recruit people returning

to work or young people to replace those staff”.

99. Work permit reprieve too little too late,

say providers

10 January 2008 – Community Care

Care providers have told the Government that concessions

on allowing overseas senior carers to renew

work permits fall very short and are too late for

those who have already left the UK.

The message was sent from providers after the Border

and Immigration Agency (BIA) increased the

number of senior care workers from outside the European

Economic Area who can renew permits.

For full report click here

100. Immigration – judicial review

January 2008 – Healthcare Business

Martin Green, CEO of English Community Care Association,

talks of his organisation’s actions prior to

the proposed launch of judicial review proceedings.

His frustrations with bureaucrats shines

through.

Disaster planning

Is flu pandemic about to strike?

We saw many care providers struck last summer by

unexpected floods. Many did not have disaster recovery

plans but received ad hoc help from their insurers

and insurance brokers in dealing with the consequences.

This week it looks like flooding may

again be a feature of the next few days.

I recently read that many of the local authority care

homes that were damaged are not likely to re-open

at all, such was the damage, both to the physical

environment of the home and also to the underlying

business.

Private, charitable and not for profit providers of social

care must be more pragmatic than local authorities

social care provision (local authorities engage in

extensive disaster planning and rehearsals) and plan

for disasters; have a disaster recovery plan which

key people in the organisation know and understand,

and who are able to ensure that it swings into action

as soon as it is needed. This will enable their service

is to survive the unexpected disasters.

So, what are your plans for addressing a national

influenza pandemic?

A flu pandemic, we are told, is long overdue. Such a

pandemic killed millions in 1918, known as ‘Spanish

flu’, it is believed to have resulted in the deaths of

more than 50 million people world wide of whom

about 250,000 died in the UK.

In the last couple of years we have become all too

acquainted with the ‘Bird Flu’ H5N1 which was apparently

responsible for a number of deaths in the

Far East and which has crossed continents in the

wild bird populations. In the past two weeks there

were three dead swans in the England killed by

H5N1. The present threat is whether and when the

virus will mutate and cross the ‘species boundary’ to

humans.

This is a risk which the UK Government now takes

very seriously.

On 22 November 2007 Alan Johnson, Secretary of

State for Health, published a new plan to increase the

state of preparedness to respond to a possible flu

pandemic. As part of this plan the Department of

Health entered into contracts with two pharmaceutical

companies to supply flu vaccine – enough for the entire

population once the strain of virus has been identified.

By which time of course many will already be

infected. There will, naturally, be some delay from

initial identification of the virus strain to the production

of large volumes of vaccine and delivering those

stocks to vaccination points. However, it does show

that thought has been given to the perceived threat

and that there are some sensible plans in place.

In making the plans public, Mr Johnson said:

"The threat of an influenza pandemic remains real.

Whilst it is not possible to predict its timing or severity,

the top priority for the Government is to do all we

possibly can to protect the public. Our

arrangements are kept constantly under review, ensuring

we keep abreast of emerging expert evidence

and advice.

Meanwhile, Government resolved to increase the

stock of antivirals – enough for about 50% of the

population, to secure 14.5 million courses of antibiotics

to cover the ‘at risk’ groups and it has said it will

be buying 350 million surgical masks and 34 million

respirators for the NHS.

The current ‘stockpile’ of H5N1 vaccine, some 3.3

million doses, is earmarked for healthcare workers.

Of course, for small businesses a pandemic would

represent a business critical issue and if a substantial

part of the workforce is prevented by illness, or the

fear of contracting the illness, production will fall and

businesses of all kinds may collapse. This too is not

lost on Government which needs the country to have

an effective and productive workforce in order to generate

taxes. Mr Johnson also said:

"We know a pandemic would have significant social

and economic impact as well as a serious effect on

the health of the population. A thorough and integrated

response is therefore critical to lessening

its overall effect.”

In planning for an effective response to the threat

posed by a flu pandemic one needs to make some

assumptions about levels of likely infection – we are

told to assume infection rates of between 25% and

50% of the population.

Some large businesses have already made some

plans and have entered into their own arrangements

with pharmaceutical companies for the provision of

anti viral and antibiotic medication to be administered,

one assumes, by the company’s own medical personnel

or via an arrangement with a private healthcare

provider.

Keith M Lewin

Some large businesses have already made some

plans and have entered into their own arrangements

with pharmaceutical companies for the provision of

anti viral and antibiotic medication to be administered,

one assumes, by the company’s own medical

personnel or via an arrangement with a private

healthcare provider.

So , how do you begin planning?

This will doubtless be a disturbing thought for most

care providers; however, there are things that can be

done now, both by way of preparation and also by

way of introducing perhaps new or modified behaviours.

First, think about how you would cope with the sudden

loss of 50% of your workforce coupled with a

sudden demand in service user needs. Consider

entering into long term performance arrangements

with agencies that provide temporary staff. Where

you operate your own ‘bank staff’, consider increasing

the numbers of staff available through the ‘bank’

arrangements.

Develop and reinforce good habits of respiratory hygiene.

Encourage the use of disposable tissues

rather than fabric handkerchiefs. Pay particular attention

to hand hygiene – something that will help

generally in the fight against MRSA, C. diff and other

super-bugs.

Discuss more sophisticated arrangements for vaccination

etc. with the local PCT and the home’s General

Practitioner. Enquire about other local plans for

dealing with a flu pandemic or other crisis.

Consider other potential consequences - there is a

risk that flu brings an increased risk of a heart attack

according to a study published in European Heart

Journal, increased during the first seven days after

which it begins to recede and almost vanishes after a

month. Build this factor into your planning not only

for maintaining service user health but also the health

of your workforce.

Consider building in greater levels of ‘redundancy’ of

systems and suppliers. Remember, if you have the

best executed plan for preserving the health of your

service users and staff, it will be of little effect if your

major suppliers do not fulfil their part of a bargain, for

example, the delivery of food stuffs. So consider having

multiple suppliers to make it as easy as possible

to switch suppliers if one is not able to meet its obligations

– being able to sue them on a ‘watertight’

contract months later will be of little use if their failure

to meet their obligations brings about the destruction

of your business.

Consider contacting the disaster planning officer at

your local council and seek advice and help in addressing

this challenging issue yourself.

Next, review your policy of insurance. Will there be

any basis to claim on the policy where damage is

done to your business as a result of flu pandemic (or

other business critical event); what about claims

brought against you for failure to maintain minimum

standards of care? What about business interruption?