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