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BHCR 2008 Vol 3 Issue 04

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

Has the world gone completely bonkers?

Most of those fortunate enough to have work are

engaged in a headlong rush to meet the expectations

of those around us, not least our employers. As a

society we in the UK tend to work longer hours than

our European counter-parts.

We are banned from establishing relationships of the

heart with those with whom we work, or at the very

least encouraged not to give in to tugs at the heartstrings.

Health workers are to have less opportunity to find a

life partner at work – doctor/nurse relationships of

which there were many are banned or at least

frowned upon by the employer. Now nurse/patient

relationships are to be effectively banned following

guidance issued by the quaintly named Council for

Healthcare Regulatory Excellence – see item 43 this

issue.

The Guidance whilst stopping short of imposing an

outright ban says that relationships with patients “will

often be inappropriate, however long ago the

professional relationship ended”.

Good Lord, when will others, particularly organs of

the state, stop interfering in the lives of mature,

consenting adults?

One recognises that there are vulnerabilities for

particular patient groups, for example those with

mental health problems. However, how many wards

are filled with young, otherwise healthy individuals? I

think particularly of orthopaedic wards, military

patients and the like.

I suppose I might be unduly sensitive to the issue as

my first few serious girlfriends were nurses.

This week’s article

For regular readers of BHCR you will be familiar with the case of A v Hoare a case about the statue of limitation which has

excluded the bringing of court actions for compensation after the passing of specified time limits.

In this case A had been violently raped many years ago by Hoare. When out of prison on a community visit he bought a lottery

ticket which resulted in him becoming a multi-millionaire. A sued Hoare, out of time, for compensation.

The case went to the House of Lords last year and we have been eagerly awaiting their Lordships reserved decision which

was handed down today.

To read article click here.

Parliament

29.01.08 – HoC - Employment of adults with

disabilities, Private Members’ Debate

HoL - Lord Naseby to ask Her Majesty’s Government

whether they continue to support the policy in

England to remove all mixed wards in hospitals

except for emergency admissions.

Back Next

**STOP PRESS**

HOUSE OF LORDS ABUSER SHOULD PAY

30 January 2008

In the House of Lords today a landmark ruling was handed down in which the limitation

on bringing actions for personal injury is no longer completely barred even if

six years have passed since the offence was committed.

 

Abuse

1. A childhood in Hell

26 January 2008 - Daily Mail

A three page article of her experiences as an abuse

victim - by Alloma Gilbert, 22, who as a child was

one of those who suffered at the hands of sadist Jehovah’s

Witness, Eunice Spry, sentenced in April

2007 to 14 year’s imprisonment for her offences of

abuse of children in her care. Abridged from Deliver

Me from Evil published by Pan on 07.03.08.

For previous reports go to BHCR V2, Issue 13—item

4, and BHCR V2, Issue 17—item 2.

Business News

2. Care home bosses tuck in after share

price falls

27 January 2008 - The Sunday Times

Bill Colvin and John Murphy of Southern Cross each

bought 500,000 shares at between £3.885 and

£3.805.

Shares at the time of writing have slid further to

£3.47.

3. ACQUISITION OF RAVENSCROFT HOMELINK

AND PRACTICARE

23 January 2008

Claimar Care Group Plc a leading provider of domiciliary

care services to local authorities throughout

the Midlands and the North-West, announced that it

has acquired the entire issued share capital of

Ravenscroft One Limited, the parent company of

Ravenscroft Homelink Limited and Practicare Limited.

Ravenscroft One Limited has been acquired for

a maximum consideration of £2.85 million on a cash

free, debt free basis. Of the consideration, £2.7 million

is payable in cash on completion with the balance

of £150,000 payable by 1 April 2009 subject to certain

performance criteria being met.

Ravenscroft Homelink and Practicare are domiciliary

care providers based in Preston, Lancashire which

currently employ approximately 370 care workers.

Ravenscroft Homelink and Practicare were established

in 2002 and 1991 respectively and currently

deliver around 9,000 hours per week to Lancashire

County Council. Lancashire County Council is an

existing customer of Claimar and this acquisition will

make Claimar the largest provider of domiciliary care

services to Lancashire County Council.

Commenting on the acquisition, Mark Hales, Chief

Executive of Claimar, said:

“Ravenscroft Homelink and Practicare are businesses

with excellent local reputations and will reinforce

our strong relationship with Lancashire County

Council. We believe that this acquisition could lead

to further opportunities for us in Lancashire and we

are also likely to benefit from economies as we combine

Ravenscroft Homelink and Practicare with our

existing structure and resources in the region.

As previously indicated, there continues to be a

strong pipeline of further acquisition opportunities.

The Group is in discussions with a number of

possible vendors and we are confident that a number

of these will lead to further transactions taking place.”

4. Southern Cross Board change

22 January 2008

Southern Cross Healthcare Group PLC, the UK's

largest care home operator, announced that Graham

Sizer has indicated to the Board that he wishes to

stand down from his position as Finance Director. In

order to achieve an orderly handover, Graham has

agreed to remain with the Company until 29 February

2008, at which time he will be succeeded by Jason

Lock who has served as Southern Cross' Financial

Controller since joining the Company in March 2003.

Jason Lock, 35, is a qualified chartered accountant

and prior to taking on his role at Southern Cross

worked at PricewaterhouseCoopers in various audit

and tax roles. He worked together with Graham during

Southern Cross' successful IPO in 2006 and has

been closely involved in the Company's financing

strategy and acquisition activity since that time. Jason

will join the Board of Southern Cross on 1 March

2008.

Bill Colvin, CEO of Southern Cross, commented: “On

behalf of the Board, I would like to thank Graham for

the substantial contribution he has made to the success

of Southern Cross. We wish him well with his

future plans.

We are pleased to announce Jason's appointment as

Finance Director and welcome him to the Board. His

knowledge of Southern Cross and of the care home

industry combined with his acquisition experience will

be of great benefit to the Group.”

Care Homes

5. Overspend causes care home cuts

22 January 2008 – BBC News

Devon’s social services are trying to slow down admission

rates for older people to care homes in a

move to try and reduce costs.

It is introducing a "three out, two in" policy to try to

bring down a £2m overspend, currently, spending is

running at £146m, compared to a budget of £144m.

For full report click here

Case Reports

Law Reports

Nothing to report

Disciplinary cases

Nothing to report

Cases in the news

6. Council fined £60k over bed death

25 January 2008 – BBC News

Cardiff Council has been fined £60,000 after it admitted

health and safety breaches concerning a man

who died after being trapped in a bed headboard.

Adam Morris, 23, had cerebral palsy and usually

slept in a modified bed at the Rhondda Cynon Taf

Council-run Clwyd Wen home, Miskin.

Mr Morris had to sleep in another bed after it was

given to another patient and therefore the council

admitted to exposing him to risk, not maintaining the

equipment in efficient order and failing to check staff

had the right training.

For full report click here

7. Care home 'at fault' over death

25 January 2008 – BBC News

Inquest into death in care home

21 January 2008 – BBC News

An inquest into the death of Andrew Turner at Heathfarm

Care Home in Scopwick, near Sleaford has

found faults at his care home significantly contributed

to his death.

The jury concluded that Mr Turner did not get his antiepileptic

drug because not enough was kept in stock

at the home.

The home's owners, Autism Care UK, expressed

sympathy for Mr Turner's death and said there had

been a thorough review of procedures.

For full report click here

For 2nd report click here

Children

Nothing to report

Conferences & Courses

To follow next week

Consultations

8. Options for the Future of Payment by Results:

2008/09 - 2010/11 - response to consultation

24 January 2008 – DoH

This consultation ran March to June 2007.

The ‘Options for the Future of Payment by Results:

2008/09 – 2010/11’ consultation proposed future developments

in PbR including tariff setting, coding and

classification, expanding the scope of PbR, and supporting

health policies through financial reform.

For full report click here

9. NICE: Current consultations

To browse through consultations go to http://www.nice.org.uk/

page.aspx?o=consultations.current

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. Removing or suspending chairs and nonexecutives

from PCTs and NHS Trusts: consultation

on introducing powers of suspension

Closing Date: 6 March 2008

A consultation setting out a single approach to considering

whether, and if so how, a chair or nonexecutive

member of a primary care trust, or a chair

or non-executive director of an NHS trust, should be

removed from office. The process can involve seeking

either resignation or the termination of appointment

and also introduces the potential use of a suspension

function.

For full report click here

20. 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

21. 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

22. 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

23. 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

24. Healthcare Commission to resume learning

disability inspections

24 January 2008 – Community Care

The Healthcare Commission is set to continue inspecting

specialist in-patient healthcare services for

people with learning disabilities. The move comes

after it exposed widespread poor standards and a

lack of understanding of human rights last year.

For full report click here

25. Maximum fee levels for regulating services

frozen by the Scottish Government

23 January 2008 – SCRC

The Scottish Government has announced that the

Care Commission’s maximum fees are to be frozen in

2008-09.

For full report click here

26. Skills for Care Annual Conference 2008

22 January 2008 – CSCI

Announcement of date for CSCI Conference on 28

February 2008 at the East Midlands Conference Centre

in Nottingham. Full details will follow in next

week’s issue.

For full report click here

Education

27. CRB on TV

21 January 2008 – CRB

On Tuesday 22nd January an investigation into the

impact of the Criminal Records Bureau and its checks

was shown on Teachers TV. The programme was

called School Matters: CRB – Checks and Balances.

For full report click here

Ireland, Scotland & Wales

Ireland

28. Inquiry call over bug-link deaths

23 January 2008 – BBC News

An assembly member is calling for a public inquiry

into 16 deaths at a Northern Ireland hospital trust in

the last six months.

The deaths, spread over three hospitals, are linked to

an outbreak of the hospital bug, Clostridium difficile.

10 deaths occurred at Antrim Area Hospital and 13

other people are being treated there for the effects of

C. difficile, which is now recognised as a hospitalacquired

infection.

For full report click here

Scotland

29. NHS fraud costing '£100m a year'

27 January 2008 – BBC News

A warning has been issued that fraud within the NHS

in Scotland is costing the service up to £100m every

year. Health Secretary Nicola Sturgeon has launched

a campaign to adopt a zero tolerance approach.

The scheme will be focusing on identifying fraudulent

behaviour and deterring potential criminals and an elearning

package will be used to induct NHS staff and

a DVD will also be produced to help managers identify

behaviour that could indicate fraud.

For full report click here

30. Plan To Save Threatened Ayr A&E

24 January 2008 – The Evening Times

Health chiefs have revealed their plan to retain an

‘under threat’ A&E unit.

If new proposals set out by Ayrshire and Arran NHS

Board are accepted by the Government, Ayr Hospital

will be covered by consultants for 12 hours a day.

31. Mobile phone use on hospital site

23 January 2008 – BBC News

NHS Greater Glasgow and Clyde is introducing wi-fi

technology to enable them to track lifesaving medical

equipment. This move could lead to mobile phone

use inside wards and the £70,000 telecommunications

technology could allow medical staff to use laptop

computers and mobile phones.

For full report click here

32. £71m plan to replace care homes

22 January 2008 – BBC News

Glasgow could see five new care homes and four

day care centres being built for the elderly in a £71m

project to replace existing centres. Councils are due

to be asked to approve a five-year plan, which will

see a fall of about 50 places.

A report by councillor Elaine McDougall said Glasgow's

16 existing care homes did not meet Care

Commission standards.

For full report click here

33. Cost cut plan for social services

22 January 2008 – BBC News

Social work services in Dumfries and Galloway has

implemented a package of cost-control measures in

a bid to tackle a £1.3m overspend forecast. Council

officials expect the deficit to be brought down to

about £100,000 and are exploring a long-term strategy

to help regulate spending in the department for

the future.

For full report click here

Wales

34. New centre 'future of healthcare'

24 January 2008 – BBC News

A new health centre has been officially opened in

Wales. The £6m health centre is hoped to be a

model for the rest of the country. The 40-bed South

Pembrokeshire Hospital will bring health and social

services in the area together under the same roof.

For full report click here

Learning Disabilities

Nothing to report

Legislation Update

35. No. 19 The Disability Discrimination

(Private Hire Vehicles) (Carrying of Guide

Dogs etc.) Regulations (Northern Ireland)

2008

23 January 2008 – OPSI

For full legislation click here

36. SOCIAL CARE

The Community Care (Personal Care and

Nursing Care) (Scotland) Amendment Regulations

2008

23 January 2008 – OPSI

For full legislation click here

37. No. 54 The Education and Inspection Act

2006 (Commencement No. 1 and Saving Provisions)

(Amendment) (England) Order 2008

21 January 2008 – OPSI

For full legislation click here

38. No. 79 The Imperial College Healthcare

National Health Service Trust (Trust Funds:

Appointment of Trustees) Order 2008

21 January 2008 – OPSI

For full legislation click here

Mental Health

Nothing to report

Miscellaneous

39. Health Service Journal Awards Live -

New for 2008

Tuesday 4th March 2008

Olympia Conference Centre, London W14

40. Woman’s Hour

31 January 2008 – BBC Radio 4, 11:00hrs

In the last of the BBC season of care, a panel will

‘field’ questions from listeners. The panel will include

Ivan Lewis MP.

41. The Moral Maze

30 January 2008 – BBC Radio 4, 20:00hrs

Michael Buerk and a panel consider the issue of rationing

on the NHS and how treatment should be rationed

in a society of limited resources.

42. In touch

29 January 2008 – BBC Radio 4 20:40 hrs

In this programme which focuses on blind and partially

sighted people, the issues explored related to

the re-assessment by local authorities of care needs

and rationing of support for such individuals. It featured

a bizarre decision by the Social Services Department

of Portsmouth.

To listen to the programme go to the BBC radio website

and download the podcast.

Ed. Following the decision in the case against the

London Borough of Harrow (see BHCR Vol 3, Issue

2, item 9) it seems that there may be further

challenges and problems for those living in areas

where pressure has increased to provide support

to only those whose needs are assessed as

‘critical’. MADNESS!

43. New sexual conduct boundaries

Medical staff, including nurses, are in receipt of new

advice and guidance from the Council for Healthcare

Regulatory Excellence about how to avoid offending

against ‘sexual boundaries’ saying when forming a

relationship is unacceptable. Breaches can result in

being suspended or struck off.

44. B&Q to target ‘grey pound’

27 January 2008 - The Mail on Sunday

B&Q which has pursued a policy of employing older

people and providing retirees with discounts is explicitly

setting out to woo the older customer, it will

soon offer stair lifts, easy grip plugs, garden equipment

fitted with better handles and so on.

45. BBC’s Kate sues clinic after cosmetic

surgery leaves her swollen and in agony

27 January 2008 - The Mail on Sunday

Item about the newsreader Kate Silverton who is apparently

to sue Harley Street surgeon, Jan Stanek,

over treatment for slight acne scarring which allegedly

left her swollen and in pain.

46. How Red Dawn hopes to make us eat our

greens

26 January 2008 - The Times

Item about the scheme to get society mobilised and

exercising to stay slim and fit.

47. Clampdown on blue badge parking

cheats

24 January 2007 The Times

Item about the anticipated changes by the Dept of

Transport to the allocation and use of the blue

badges for disabled people which entitle them to free

parking and other benefits.

48. Moves to restrict social care 'unlawful'

24 January 2008 – Mencap

Harrow Council's plans to support people with critical

care needs and only those, have been declared

unlawful by the High Court.

The plan would mean that more than 340 people

would have completely lost their service.

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

enewsletter/2008/1_jan/harrow.asp

49. HTM 05-03: Part J – Fire engineering in

healthcare premises

22 January 2008 – DoH

A new document providing guidance and a basic understanding

of fire engineering principles for healthcare

premises.

For full report click here

50. Fears over disability hate crime

22 January 2008 – BBC News

An article looking at a case study of Brent Martin, a

23-year-old with learning difficulties being subjected

to an onslaught of violence.

For full report click here

51. Advisory Committee on Clinical Excellence

Awards annual report (covering the

2007 awards round) 2008

21 January 2008 – DoH

The annual report covering the 2007 Clinical Excellence

Awards round. It reports on the work of the Advisory

Committee on Clinical Excellence Awards and

analyses the distribution of awards.

For full report click here

52. ECCA Applauds Criminal Records Bureau

Announcement

21 January 2008

The English Community Care Association has welcomed

the announcement by the Criminal Records

Bureau (CRB) that for the second year running it will

be freezing CRB charges.

Martin Green, Chief Executive of ECCA, said:

“The CRB have shown that through efficiency savings

a non-governmental organisation can maintain their

fees at a stable level for more than two years. This is

a lesson that needs to be learnt by both central and

local government and by the plethora of other nongovernmental

bodies with whom the care sector has

to interact. Far too often regulatory bodies demand at

least inflation rate increases whilst at the same time

providers are seeing real cuts across their budgets”.

“There is a need for equality in the system and for

regulation to be as efficient as possible and the CRB

have proved it can be done and Government should

be insisting it must be done.”

NHS

53. File on 4

29 January 2008 – BBC Radio 4 20:00 hrs

Following the major fire at the Royal Marsden and the

death in Liverpool Broadgreen Hospital 24 hours earlier

in which a life was lost. File on 4 examines issues

of fire safety in NHS hospitals, old, new and those

under construction.

It reveals service of Enforcement Notices by the Fire

Service and various NHS hospitals on a number of

Hospitals.

To listen to the programme go to the BBC radio website

and download the podcast.

54. Cancer woman runs out of time in NHS

battle

27 January 2007 The Sunday Times

Colette Mills has been told that in the four months

she has battled the NHS to be able to pay for herself

for medicines which the NHS will not fund the cancer

has taken hold and she will no longer benefit from

the treatment.

For previous items about this issue see BHCR Vol 2,

Issue 46—item 111 And BHCR Vol 3, Issue 1 —item

65.

55. New job for boss axed in superbug

row....advising the NHS

27 January 2008 - The Mail on Sunday

Rose Gibb, formerly CEO of Maidstone & Tunbridge

NHS sacked over the deaths of 90 patients has a

pay-off of circa £75k and now runs a consultancy –

how to run hospitals efficiently!!!

For previous linked stories see BHCR Vol 2, issue

37—item 52 issue 39—item 69, issue 40—item 66,

and issue 41—item 38.

56. Women see fewer patients

25 January 2008 - The Times

Female NHS consultants see 20% fewer patients

than their male equivalents.

57. Stalking by patients is a real menace for

psychiatrists

25 January 2008 - The Times

A survey ordered by the Royal College of Psychiatrists

using a very strict definition of ‘stalking’ says

more than 10% of psychiatrists have been stalked by

patients or their associates. A great many more,

21%, believed that they had been stalked according

to their own criteria.

58. NHS ‘abandons’ many dementia patients

and their families

24 January 2008 - The Times

The MPs Public Accounts Committee has criticised

the poor deal which dementia patients and carers get

from the NHS. Dementia affects 560,000 people in

England and the figure is expected to grow to

1,000,000 by 2031.

Ivan Lewis said in response that the DoH was developing

a plan with the Alzheimer’s Society.

59. GPs ‘may be forced into mass resignation

over contracts’

24 January 2008 - The Times

The GPs committees of the BMA says that its members

may resign from the NHS if the Government

forces them to open their surgeries on Saturdays and

Sundays.

60. Bug trust NHS chief gets pay-off

24 January 2008 – BBC News

The former chief of the NHS trust that was at the centre

of a superbug scandal will receive half of her salary

as a pay-off. Rose Gibb resigned days before

Maidstone and Tunbridge Wells NHS Trust was criticized

on its C.difficile outbreak that called 90 people.

Her severance deal will now be half of her £150,00

salary.

For full report click here

61. Woman's sight fears over decision

24 January 2008 – BBC News

Article about Joye Beckett, currently denied urgent

eye treatment by South Birmingham Primary Care

Trust. The Trust will only fund Lucentis for her agerelated

wet macular degeneration if she lost the sight

in one eye.

For full report click here

62. Cancer man pleas for drug funding

24 January 2008 – BBC News

Mike Gray speaks of his battle to get funding for a

drug that could prolong his life. He has terminal

bowel cancer and the Scottish Medicines Consortium

said it is not cost effective.

NHS Grampian accepted the advice of the SMC and

refused to fund Mr Gray's treatment.

For full report click here

63. GPs discuss quitting over hours

24 January 2008 – BBC News

GPs are saying they may feel forced to quit the NHS

if the Government pushes through its plan for them to

work extra hours. The British Medical Association

said it was not asking or encouraging GPs to leave

the NHS, merely stating that quitting was a possibility.

For full report click here

64. Millions lost in NHS private fees

24 January 2008 – BBC News

An investigation by the Health Services Journal

magazine has shown that NHS trusts are writing off

millions of pounds of unpaid debts from private and

overseas patients.

AT the end of the last financial year, four trusts had

written off more than £4.8m of private bills. The trust

were North Bristol, Great Ormond Street Hospital for

Children, Moorfields foundation and Chelsea and

Westminster Hospital foundation.

For full report click here

65. £5m to tackle 'health inequality'

23 January 2008 – BBC News

Newcastle, Durham, Northumbria, Sunderland and

Teesside Universities are receiving £5m to research

issues including obesity and alcohol abuse. The

cash will establish a centre of excellence in Newcastle,

set up to liaise with the NHS.

For full report click here

66. Obesity strategy welcome, but overdue,

says King's Fund

23 January 2008 – King’s Fund

King’s Fund Acting Director of Policy, Anna Dixon

has commented on the publication of ‘Healthy

Weight, healthy Lives’ publication, the Government’s

cross-departmental strategy for tackling obesity:

“This concerted effort to tackle obesity is a welcome,

if overdue, measure.”

“The rising level of obesity is a major threat to public

health and potentially a huge additional cost to the

health service. As our report* showed last year, if we

do not make significant strides on tackling unhealthy

lifestyles, especially with regard to obesity, then we

will have to spend substantially more on the NHS

than would otherwise be the case – so much so that

it could threaten the long-term viability of the service.”

“While individuals’ actions greatly affect their own

health, it is important that the government has acknowledged

that people need help and support in

making decisions about diet and exercise. A coordinated

effort is required where national and local

government, as well as the NHS, employers and the

food and drink industry work together to create

healthier environments where healthier choices are

easier to make.”

For full report click here

67. NHS review enters next phase

23 January 2008 - GNN

Over a thousand people across the country will be

asked for their input on how the NHS can deliver

health services in their local area. The event follows

the nationwide engagement events in September and

the subsequent interim report which set out Lord

Darzi's emerging vision for the NHS.

To provide greater clarity on patients' preferences for

improved GP access, one of the biggest concerns

emerging from the Review so far, participants in today's

events will be asked:

If they have noticed any difference in GP opening

hours since the interim report was published

in October; and,

How easy it is for them to book an appointment

with their GP practice more than two days

ahead

Lord Darzi, said:

"This Our NHS Our Future review presents a real

opportunity for everyone - patients, public and staff -

to have a say in shaping the NHS for the 21st century.

I am very excited by the energy and commitment

of clinicians and patients up and down the country

who are working hard to identify the right local solutions

for improving the NHS in their communities.”

68. King's Fund statement in response to Liberal

Democrats' vision for the NHS and social

care

22 January 2008 – King’s Fund

King’s Fund chief executive Niall Dickson has commented

in response to the Liberal Democrats’ vision

for the future of health and social care published on

22 January:

“We are at a critical point in planning for how we fund

the care and support needs for tens of thousands of

older and disabled people and their carers in this

country. All the main political parties now accept that

the current, means-tested care system is unsustainable

and needs to be reformed. We welcome the

strong emphasis the Liberal Democrats have today

placed on reforming a deeply unpopular system - one

that has for so long not only damaged thousands of

lives, but also wasted resources by failing to help

people live independently without the need for more

expensive support. “

“The Liberal Democrats have long advocated free

personal care, but to make that a reality would be

extremely expensive and may not be cost effective -

in any case it has been a political non-runner in England

since the Royal Commission on Long Term Care

almost 10 years ago.”

For full report click here

69. Biker charity offers NHS delivery

22 January 2008 – BBC News

An out of hours delivery service has been launched in

Merseyside to get emergency medical supplies to two

hospitals quicker. Royal Liverpool Hospital and

Broadgreen Hospital have signed up to the charity

initiative providing free urgent medical equipment and

samples.

The motorcyclists will give up their free time, pay for

their own fuel and make deliveries around the clock.

For full report click here

70. Man in NHS battle 'to save sight'

22 January 2008 – BBC News

Raymond Liggins, 76, from Nuneaton has called

Warwickshire Primary Care Trust “morally wrong” for

refusing to fund treatment that could save his sight.

The trust said it did not routinely commission the

drug because it was not recommended in guidance

to the NHS.

For full report click here

71. NHS concern after man pulls tooth

22 January 2008 – BBC News

Health managers in Norfolk have promised a better

emergency dental service after one man was so desperate

and in pain, he ended up pulling out his tooth

with pliers.

Jan Kvasna, 42, of Norwich, Norfolk, acted after NHS

Direct promised it would provide an emergency dentist

but failed to do so. The Norfolk Primary Care

Trust has said that the NHS Direct has lost its dental

service contract in Norfolk.

For full report click here

72. Clegg sets out elderly care plan

22 January 2008 – BBC News

LibDem leader, Nick Clegg has outlined his £2bn

“care guarantee” plan for the elderly. The proposal

was made as part of his initiative to reform the NHS

and said the extra cash should fund a minimum level

of care to all who need it.

For full report click here

73. NHS computer crash reassurances

21 January 2008 – BBC News

NHS Tayside has said there was no risk to patients

after a major server crashed the computer system.

The server failed around 0000 GMT on Sunday and

affected the A&E department at Ninewells Hospital

as well as the out-of-hours service and laboratory

results checking system.

The problems were resolved late on Sunday morning,

about 12 hours after the network failed.

For full report click here

74. 'Patient-friendly' website launch

21 January 2008 – BBC News

Scottish Health Council (SHC) has launched a new

website to let health staff share experiences of developing

“patient-friendly” services. The site will highlight

case studies of good practice from around the

country, including innovations from Dumfries and Galloway,

the Scottish Borders and Shetland.

Registration to the site is free and allows users to

submit examples of their own work, as well as add

comments and ratings to existing services.

For full report click here

75. NHS seeks Poles to fill jobs gap

21 January 2008 – BBC News

Gloucestershire Partnership NHS Foundation Trust is

advertising positions in Polish and English in its

search for staff. The Trust is looking for porters and

hotel service assistants.

County MPs criticised the move but the trust responded

by saying it found it difficult to recruit.

For full report click here

Nursing

76. Nurses get infection control kits

27 January 2008 – BBC News

Northamptonshire Teaching PCT nurses are being

given special kits to help prevent infections being

spread around patients.

Wash bags have been given to 470 district nurses to

take on their rounds. The kits contain soap, alcohol

gel and hand cream and cost £6.78 each.

For full report click here

77. Nurses’ low pay ‘fatal in rich areas’

22 January 2008 - The Times

Hospitals in wealthy areas are said to treat fewer patients

and have poorer outcomes because, it is

claimed, of the pay disparity between nurses pay and

that of the local population.

78. Cardboard nurses spark cash row

21 January 2008 – BBC News

Dr Robert Lambourn, based in Northumberland has

criticised health bosses paying for cardboard nurses

to promote hygiene at a time when GP services are

facing cuts.

The regional health bosses are spending £5m on a

campaign to reduce the spread of MRSA and said

their campaign was potentially life-saving. The cutouts

have been sent to surgeries and health centres.

For full report click here

Older People

79. Two thirds 'won't save for care'

25 January 2008 – BBC News

A poll of 1,000 was carried out by three charities and

finds that two thirds of people have no plans to put

money aside to pay for extra care they may need in

old age.

The same proportion said they would turn to family

and friends for help rather than pay privately or ask a

local council.

The Government announced last year that there

would be a public consultation on social care with a

green paper setting out firm proposals to follow.

For full report click here

80. Dementia 'must be key priority'

24 January 2008 – BBC News

The House of Commons Public Accounts Committee

is calling for dementia to be made an urgent priority

after it has been neglected for so long by the NHS.

The MPs say that the disease deserves the same

attention devoted to cancer and heart disease as

statistics show that many of us are now set to develop

the condition.

For full report click here

81. Vitamin E 'may ward off decline'

23 January 2008 – BBC News

Research by the Yale University School of Medicine

suggest that Vitamin E could ward off physical decline

in elderly people.

Researchers found that people aged over 65 who

had lower levels of vitamin E performed worse on

tests of basic physical ability, and that the key may

be that vitamin E is an antioxidant, protecting the

body's tissues from damage caused by charged particles

called free radicals.

For full report click here

Parliament

30.01.08 - HoC - Hospice movement funding, Private

Members’ Debate

HoL - Baroness Knight of Collingtree to ask Her

Majesty’s Government how they will respond to the

recent reports about the levels of malnourishment of

patients in NHS hospitals.

31.01.08 – HoC - Data encryption and child abuse,

Adjournment debate

Social Care

Nothing to report

Staff, employment and

disciplinary

82. Holiday Pay for long-term Sick Workers

The Advocate-General has handed down his opinion

in Stringer v HMRC (previously known as Ainsworth v

HMRC).

By way of background, in April 2005, the Court of

Appeal held that the right to four weeks' statutory

paid holiday under the Working Time Regulations

1998 does not continue to accrue whilst an employee

is off on long-term sick-leave (see bulletins 22/4/05

and 3/11/05). However, matters did not rest there, the

employees appealed to the House of Lords and referred

the question to the European Court of Justice.

The Advocate-General (whose opinion is normally

followed by the full court) has stated:-

entitlement to paid holiday does accrue whilst an

employee is absent on sick leave;

however, workers may not take their holiday

while they are on sick leave; and,

after termination of the contract, workers are entitled

to a compensatory payment to reflect accrued but

untaken holiday leave, even where the worker was on

sick leave for the full holiday year.

Thanks to barrister Daniel Barnett for this report. To

subscribe to Mr Barnett’s specialist employment updates

contact him at mail@danielbarnett.co.uk

How sex offenders can be

made to pay for their

crimes years after the limitation

period has expired.

A v Hoare – a reprise

In a truly historic ruling, the House of Lords today

handed down judgment in the case of A v Hoare and

4 other related sex abuse cases.

The issue in these five appeals was whether claims

for sexual abuse and assault - which took place

many years before claims for compensation were

initiated in the Courts - were barred by the provision

of Section 2 of the Limitation Act 1980.

In the case of A, Mrs A was subjected to a serious,

traumatic and degrading sexual attack by Hoare

whilst she was walking in a park in Leeds during daylight

hours in 1989. Hoare, a serial attacker of

women, was arrested, charged and convicted of the

attack upon Mrs A. The Judge described Hoare as

threat to all women and sentenced him to life in

prison.

Whilst on day release from prison in 2004, Hoare

purchased a lottery ticket and won £7.2 million. Mrs

A learned of this fact and subsequently commenced

proceedings against Hoare claiming damages for the

sexual attack in 1989.

Hoare advanced a single ground of defence to the

claim; that it was out of time, ‘statute barred’ by virtue

of Section 2 which required that proceedings had to

be brought within 6 years of the date of the attack.

This claim was commenced some 15 years later.

The other cases before the House of Lords also

arouse out of instances of sex abuse (mostly sex

abuse occurring whilst the claimant was in Local Authority

care) where the issue was also that the claims

were brought too late - the Section 2 defence.

The leading case in this area of law has, for many

years, been the decision in Stubbings v Webb

(1993) which acted as something of a break on

claims commenced (out of time) for compensation for

sexual assault.

The House of Lords recognised in A, and in the other

cases, that Defendants in such cases are seldom

worth suing. They are in prison and will rarely have

the means to satisfy any award of damages. The law

is now been changed. In future Claimants in a similar

position will be permitted to bring proceedings ‘out

of time’ so long as they can persuade a Judge that

there was a good reason why there was a delay in

bringing proceedings.

Mrs A and those in the related appeals will all now be

able to sue. Mrs A’s case is being remitted back to

the High Court for a decision. Hoare has no defence

to Mrs A’s claim and it will be interesting to see

whether any of Hoare’s other victims decide to sue

him for the dreadful sexual assaults he subjected

them to.

It is likely that following this decision a number of extremely

old claims for sexual abuse will be brought in

the months ahead. It is likely that those cases will

arise out of claims for alleged sexual and other abuse

perpetrated many years ago in children’s homes and

boarding schools.

Those notified of claims should refer the matter to

theirs Solicitors and insurers quickly. The fact that

there has been a change in the law does not mean

that all such cases will be successful as the Claimant

in each instance will have to establish that he or she

was:

sexually assaulted; and

that a Judge should exercise discretion and

extend time.

The floodgates are now open, for a limited time.

To discuss anything arising from this article or

any of the matters touched upon contact Keith M

Lewin at keith.lewin@brunswicks.eu or telephone

him on 0870 766 8400

For previous reports see

BHCR Vol 1, Issue 6—article

BHCR Vol 1, Issue 7—item 11

BHCR Vol 1, Issue 34—reference in article only

BHCR Vol 2, Issue 40—item 13

Crisis Intervention Line Number

Crisis Intervention Line 07855 855 588
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Contact us with a query

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