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Both editions are © Brunswicks LLP 2008


BHCR 2008 Vol 3 Issue 05

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

Just when did a Government Minister, let alone a Health

Minister, find him or herself in and NHS hospital ward

following an emergency admission?

While I don’t wish ill-health on anyone, Ministers would

do well to attend such wards and ask patients about

their experiences.

This last week there was a judge publicly criticising the

fact that such wards are not infrequently mixed gender

wards. He made his comments when sentencing a

serial sex offended for assaulting an old lady who was

in a bed next to his.

I wrote recently of my arms length experience of an

NHS hospital when an elderly friend of mine was rushed

to hospital. When she had recovered her wits, she was

on a mixed ward. She found it unnerving and

embarrassing, the more so for the fact that there were

male patients around her—fortunately she was moved

to a single bed room where she felt safer. I was

surprised that I too felt uncomfortable in the mixed

gender ward in a way I do not where the patients are all

female or all male.

Lord Darzi’s announcement that Government’s previous

target of eliminating mixed gender wards is “unrealistic”

has come as a shock to my friend. I think many others

will share that view.

Of course, to have a mixed gender medical assessment

ward allows a high degree of latitude and flexibility in

terms of the gender of patient's received - but, at what

cost?

The public has a right to expect that they should be safe

and have their dignity protected when in hospital. That

means Lord Darzi’s defeatist view on this issue must be

resisted.

I hope that the Dignity Guardians appointed by

Government just a couple of years ago will raise their

voices in opposit ion to abandonment of a stated policy.

Parliament

04.02.08 – HoL - Disabled Persons (Independent

Living) Bill Committee

05.02.06 – HoC – Oral Questions, Health

07.02.08 – HoC - Suicide prevention strategies;

Adjournment Debate

Next

Abuse

1. Call to seize secret church abuse files

3 February 2008 - The Observer

Sex abuse files trigger Church rift

2 February 2008 - The Times

Cardinal Desmond Connell former Archbishop of

Dublin has begun legal action to prevent his successor,

Dr Diarmuid Martin from handing over child

abuse files to the Irish Commission of Investigation

into Child Sex Abuse in the Dublin Archdiocese established

in 2006. It is believed that there are more

than 5,000 documents.

2. Agencies 'fail to prevent child abuse

deaths'

1 February 2008 - Telegraph.co.uk

A report by East Anglia University, published by the

Department for Children, Schools and Families,

shows that 100 children die in England every year

from neglect and abuse and because social workers

and health professionals are too busy arguing over

who is responsible for them.

Ed. Shockingly, this is now eight years after the

case of Victoria Climbie and the subsequent report

into child protection.

Business News

3. New guidance on joint working between

the NHS and Pharmaceutical Industry

1 February 2008 - GNN

New guidance to encourage the NHS to work jointly

with the pharmaceutical industry was announced by

health minister Dawn Primarolo.

The Department of Health guidance will give advice

on how, for example, Primary Care Trusts (PCTs),

pharmaceutical companies and clinicians can work

together to identify particular medical needs in a community.

The guidance will:

* encourage NHS organisations and staff to work together

to deliver high-quality healthcare; and

* inform and advise NHS staff of their main responsibilities

when working together with the pharmaceutical

industry.

The Guidance on Joint Working between the NHS

and pharmaceutical industry can be found at:

h t t p : / / w w w . d h . g o v . u k / e n /

Publicationsandstatistics/Publications/

PublicationsPolicyAndGuidance/DH_082370

4. August Equity portfolio company Healthcare

Homes Group continues impressive

growth through buy-and-build strategy

31 January 2008

August Equity LLP (“August Equity”) announced its

portfolio company Healthcare Homes Group (“HHG”)

acquired Manorcourt Care Limited (“Manorcourt”), a

privately owned group based in Norfolk.

Manorcourt provides HHG with an additional 87 registered

care beds.

Manorcourt is a complete care service organisation

which offers both residential care and a full range of

care services for those in the community, including

domiciliary care and a day centre. It operates three

homes situated in rural locations in North West Norfolk.

HHG is run by three directors who have proven track

records in the health care industry, having been responsible

for building and running Care UK: Richard

Clough, CEO, Graham Lomer, finance, and David

Bates, operations. The non-executive chairman is

Charles Auld, an established name in the industry,

who was formerly CEO of General Healthcare Group.

Care Homes

5. 'Safety concerns' close care home

31 January 2008 – BBC News

CSCI has shut down a care home for elderly people

near Bristol after concerns were expressed about the

safety of its residents.

All 10 people living there were moved and owners,

Danny Purgaus and Patricia Purgaus, were unavailable

for comment. The home had been registered

since 1992 for 14 beds.

For full report click here

6. CAUTIOUS WELCOME FOR CSCI STATE

OF THE SECTOR REPORT

29 January 2008

National Care Association (NCA) cautiously welcomed

CSCI’s third annual report on the State of the

Social Care Sector in England. NCA is delighted to

note for the third successive year the steady improvement

in services.

Members of NCA will be heartened to note the recognition

of the flawed eligibility criteria used by some

Councils to assess the care needs of local people.

The independent sector has repeatedly raised

concerns about eligibility criteria since the early

1990s.

Nadra Ahmed OBE Chairman of NCA said: “I am

delighted to note the continued effort that is being

made to raise standards by care providers at a time

when they are facing continued change and uncertainty.

We believe that these reports are helpful when

the positive messages are highlighted as well as the

improvement agenda.”

7. ECCA Responds to the State of Social

Care Report

The English Community Care Association has responded

to the Commission for Social Care Inspection’s

report on the State of Social Care.

Martin Green, Chief Executive of ECCA, said:

“This report clearly highlights there is a desperate

need to review the funding of social care. We welcome

the Minister’s announcement that eligibility criteria

is going to be reviewed and we hope that that

will include a review into the way in which both people

with learning disabilities and older people are

being denied the support that residential care can

provide.”

“ECCA will do all it can to support the Minister to ensure

the review is both comprehensive and delivers

fairness and equity for all”.

8. Care homes need MRSA strategy

25 January 2008 – Nursing times

Researches have said that MRSA-colonised nursing

home residents are up to six times more likely to develop

infection than non-colonised patients, yet very

few strategies currently exist to prevent the spread of

infection in this setting.

For full report go to http://www.nursingtimes.net/

clinicalnews/2008/01/care_homes_need_mrsa_strategy.html

Case Reports

Law Reports

9. A v Hoare

X and Another v Wandsworth London Borough

Council

C v Middlesbrough Council

H v Suffolk County Council

Young v Catholic Care (Diocese of Leeds)

The House of Lords, departing from and earlier ruling

decided that courts can extend time for civil claims for

damages arising from deliberate sexual assaults. A

claimant will, however, need to persuade a court that

it was not appropriate or possible to commence the

claim sooner.

10. Coleman v Attridge Law

In 2006, this case was referred to the ECJ to answer

the question ‘whether the EC Equal Treatment

Framework Directive protects not only disabled employees

from direct discrimination and/or harassment,

but also those employees who are associated with

the disabled, such as carers’.

The Advocate General has delivered his opinion in

the affirmative. AG opinions are usually followed by

the full court.

11. R v Turner

T admitted that she had administered a drug to her

daughter, despite doctors terminating the prescription,

but had done so without an intention to cause

harm, nevertheless there still remained an issue to be

tried since the jury had to decide whether she knew

that there was a risk of injury to her daughter's health

and administered the drug in any event.

12. Welsh Ministers v (1) Care Standards Tribunal

and (2) H [2008] EWHC 49(admin)

January 2008 - Care Standards Tribunal

High Court

The Administrative court has decided, against the

Welsh Ministers, that H who is a nurse and a former

care home manager, is entitled to have her appeal

against a refusal by the Welsh Ministers (acting as

regulator, much as CSCI does in England) to register

her as a Registered Manager.

The background is that H, a nurse with a long unblemished

record, was one of a number of people

being investigated as a result of a sudden and unexpected

death in a care home she was managing.

Since the Welsh Minister’s decision H has been

charged in criminal proceedings.

For full report go to http://www.bailii.org/ew/cases/EWHC/

Admin/2008/49.html

Disciplinary cases

Nothing to report

Cases in the news

13. Husband is spared jail for suffocating

sick wife who wanted to die

2 February 2008 - The Times

Robert Cook, 60, admitted manslaughter and aiding

and abetting the suicide of his wife whom he suffocated

after she had taken an overdose.

14. GP jailed for rape

2 February 2008 - The Times

Anil Tangotra, 53, was jailed for 11 yrs for raping one

and attempting to rape a second virgin having first

drugged them. He has been suspended for 18

months by the GMC and faces permanent removal

from the Register.

15. Child minder guilty of manslaughter

1 February 2008 - The Times

Agnes Wong, 28, an unregistered childminder has

been convicted of manslaughter of a 17 month-old in

her care. She admitted to biting the child as punishment

when he had been ‘naughty’.

16. Victory for sex abuse killer who exposed

Catholic school’s dark past

31 January 2008 - The Times

Paul Gordon, 44, who was jailed for the murder of his

father whom he believed had been ‘paid off’ for the

sex abuse Mr Gordon suffered as a child at St John’s

National School in Sligo has seen his abuser, Martin

Meaney known as Brother Gregory sentenced to 12

years imprisonment.

17. Churches, schools and charities braced

for flood of claims after ruling on Lotto rapist

31 January 2008 - The Times

An article looking at the potential knock-on impact of

the House of Lords decision in A v Hoare (see item 1

this issue, also see article in BHCR Vol 3, issue 4)

18. Win for disability rights woman

31 January 2008 – BBC News

A British legal secretary has won the initial stages of

a landmark legal case at the European Court of Justice

which could give new rights to carers all over the

country.

The Advocate-General agreed that Sharon Coleman

suffered "discrimination by association" after hearing

her claims that her former London employers Attridge

Law described her as "lazy" for wanting time off to

care for her disabled son.

A panel of European judges will make a final ruling

later this year.

For full report click here

See also this issue of BHCR Coleman v Attridge Law, item 10

19. Lotto rapist ruling implications

30 January 2008 – BBC News

Lords issue landmark abuse ruling

30 January 2008 – BBC News

Lords win for Lotto rapist victim

30 January 2008 – BBC News

Full in-depth stories about the case background and

eventual ruling of A v Hoare decision reached on 30

January 2008.

For full report click here

For 2nd report click here

For 3rd report click here

20. Legal victory for child abuse man

30 January 2008 – BBC News

Kevin Young has won the right to sue his tormentors

for inflicting sexual abuse when he was a child,

thanks to the landmark ruling by Law Lords.

Young, now 46, claims he was abused at a Catholic

boarding school and then by Neville Husband when

he was in a Medomsley detention unit in 1977.

For full report click here

Children

21. Baby taken from teenage mother for second

time

2 February 2008 - The Times

Snatch-drama baby taken back into care

2 February 2008 - Daily Mail

An interim care order was granted in relation to G

while further inquiries are made and assessments

carried out.

22. Short-lived joy for teenager whose baby

was taken away

1 February 2008 - The Times

G, the newborn baby boy of an 18 yr old mother, was

removed by Nottingham Social Services without a

court order was forced to court to resist an application

to take her baby into care.

The previous day Mr Justice Munby said social workers

had “on the face of it” broken the law by separating

mother and baby without a court order.

23. Forced adoption claims dismissed

2 January 2008 – BBC News

Kevin Brennan, Children’s Minister, is denying claims

that young children are being taken into care by local

authorities purely to meet adoption targets.

Mr Brennan wrote to two national newspapers to

make his statement.

For full report click here

24. Study calls for more practitioner support

1 February 2008 – Community Care

A report commissioned the Government is saying

that social services and health professionals are

struggling to prevent death and serious injury among

abused and neglected English children.

The research was carried out by the University of

East Anglia (UEA) and published by the Department

for Children, Schools and Families.

For full report click here

Cosmetic treatments

25. This is what they did to my face...

3 February 2008 - Mail on Sunday

Three page spread on the adverse effect of cosmetic

treatment carried out on the face of newsreader Kate

Silverton and her subsequent threat of legal action.

For previous item in BHCR about this story Vol 3, Issue 4—

item 45.

Conferences & Courses

26. National Children's Commissioning Conference:

"Accountability for Outcomes"

11 and 12 February 2008

Hilton Metropole, London"Effective joint planning and

commissioning is at the heart of improving outcomes

for children and young people." (DCSF, October

2007).

Following the success of our first national health and

social care commissioning conference in July, CareandHealth

has decided to hold the first National Children's

Commissioning Conference and Exhibition of

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

developing the meaning of commissioning in children's

services from 2008.

Along with key messages from the government and

DCSF, we will also have the opportunity to hear from

commissioning experts in local authorities and beyond,

service providers and voluntary agencies.

The conference will explore the significance and application

of service commissioning, as a means to

deliver Every Child Matters outcomes in integrated

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

environment that energises all service stakeholders

to develop a greater national consensus

about joint commissioning for results and all the accountabilities

of the local authority.

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

to improve outcomes for children and young people,

be inspired by sector experts, learn about best practice

and share your experiences - join us for this unmissable

two-day national conference and exhibition.

To find out more about this stimulating and informative

event, and to reserve your place, click here to

visit our website, which has details of our themes,

speakers, venue and exhibition space.

27. Mental Capacity Act Training

National Care Association is providing a number of

training courses around the country. Each course is

free of charge and open to all, including nonmembers

of NCA.

Speakers include, Nadra Ahmed, Keith Lewin, Sheila

Scott and others. The next three courses will take

place as follows:

Holiday Inn – Elstree, London on Wednesday 20th

February 2008 – 12.30pm – 5.00pm

Bath Racecourse, Bath on Tuesday 18th March 2008

12.30pm - 5.00pm

Leeds University, Leeds on Wednesday 26th March

2008 – 12.30pm - 5.00pm

28. Retirement Housing - One Day Conference,

27th February 2008

Thistle City Barbican, London, EC1

10.00 Surveying the market for retirement housing

including demographic trends across

the market

Barbara Laing, Managing Director - Housing Services,

Anchor Trust

10.30 Exploring opportunities in the growth of

Retirement Villages in the UK

Nick Sanderson, CEO, Raven Audley

11.30 Analysing the impact of retirement housing

on the wider residential market

Jim Ward, Head of Residential Research, Savills

12.00 Charting the growth of supply in luxury

retirement properties and challenges for

existing and new market entrants

Anthony Oldfield, Senior Associate, Healthcare, King

Sturge LLP

12.30 Exploring housing policy and partnerships

for retirement property development

Mark Wagstaff, Policy Advisor, Housing Corporation

14.00 Focusing on lending and finance for retirement

housing and the emergence of

specialist finance including mortgages,

tax, and equity

Paul Moran, Area Director - Head of Healthcare,

Bank of Ireland

14.30 Managing land acquisition and planning

strategies for retirement property

Neil Rowley MRTPI, Associate Director, Commercial

Planning, Savills

15.30 Evaluating marketing strategies to reach

retirement property customers

Martin James, Director, Retirement Homesearch

16.00 Case Study - St George’s Park Augustinian

Living – working with community

stakeholders to create added value in retirement

living

Philip Smith, Marketing Director, Augustinian Living

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

Call +44 (0) 20 7970 4770

Book Online @ www.housing-strategy.com

Post a copy of this form together with your payment to

Centaur Conferences, 50 Poland Street, London, W1F

7AX

29. Voice08 - The UK conference for social

enterprise

Wednesday 27 February 2008

&

Young Voice08 -The UK conference for

young minds with social ambition

Tuesday 26 February 2008

Voice has changed.

We asked YOU what kind of conference you would

like and based on your responses we’ve designed

our most stimulating and interactive event yet.

We have exciting plenary and breakout sessions

scheduled (details below), including debates and unprecedented

levels of audience participation.

And unlike traditional conferences, delegates at

Voice08 also have the power to create their own sessions

by using our unique Make a Meeting service.

Just write your ideal discussion topic on a sign and as

soon as you have enough takers we’ll give you a

room. So go ahead and Pick Up A Placard!

Or you can wander into one of our many inspirational

igloos and speak to business experts, educators,

Social Enterprise Ambassadors and others.

If you think you have what it takes to set up your own

social enterprise then enter the replica elevator and

deliver a snappy elevator pitch to get expert feedback

and the chance to win a cash prize.

We will also be putting on a large exhibition and

trade fair which will run throughout the day, where

corporate exhibitors have offered to give delegates

one-on-one surgeries on key topics such as finance

and legal issues.

And to celebrate Liverpool’s European Capital of Culture

status there is going to be live music and cultural

performances, giant Beatles puppets and a fairtrade

fashion show.

So what are you waiting for? Register now

PROGRAMME

12.30 Welcome

13.15 Opening: YoungVoice

Jonathan Bland, Chief Executive, Social Enterprise

Coalition

Tim Campbell, Founder, Bright Ideas Trust

Phil Hope MP, Minister for Third Sector,

Cabinet Office

13.45 Interactive exhibition

Workshops (running simultaneously)

Sport & Social Enterprise

Mandy Young Adrenaline Alley

Media & Marketing for budding Social Entrepreneurs

Tokunbo Ajasa-Oluwa Catch 22

Sam Conniff Livity

Fashion, Music & Arts: The Social Enterprise

advance

Matt Kepple Wahblo

Trisha Lee Make Believe Arts

Social Enterprise Solutions for the Environment

Kresse Wessling EAKO

Amy Carter Bespoke Experience

Global Solutions: The Social Enterprise Approach

Gib Bulloch Accenture

Social Enterprise & Education

Young Co-operatives

ECO Schools initiative

16.00 Closing Address

Make your mark in 60 seconds – Tim Campbell

& Mark Bowness

16.30 – 17.00 Closing Concert

30. ICHA Annual Conference : Investing in

Children

The intelligent use of residential child care

Wednesday 27 February 2008, Regent’s College

Conference Centre, London

The ICHA Annual Conference, organised in partnership

with CareandHealth will provide a unique opportunity

to explore with providers and commissioners

why investment in high quality residential care for

children must be sustained and developed and to

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

Time for Change White Paper and the new legislation

in the Children in Care Bill.

The conference will also allow providers for residential

care to consider with Local Authority senior managers

and commissioners how to ensure they can

help meet the challenge of ensuring that every child

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

both stability and also the continuity of relationships

which, together, can lead to succesful outcomes.

Speakers include:

Christine Gilbert - Chief Inspector of Ofsted, Kevin

Brennan, Minister at DCFS, Andrew Christie - Director

of Children's Services, London Borough of Hammersmith

and Fulham and ADCS lead on Care Matters,

Jonathan Stanley, Principal Officer at the National

Centre for Excellence in Residential Care,

Benni-Jo Tyler - A National Voice.

Chair for first session: David Kidney - Chair of All

Party Parliamentary Group on Children in Care.

For more details go to www.careandhealth.com

Email: conferences@careandhealth.com

Tel: 0845 055 9207

Fax: 0871 901 7774

31. Extracare Housing - One Day Conference

- 28th February 2008

Thistle City Barbican, London, EC1

10.00 Surveying the market for extracare provision

and niche opportunities for the independent

sector

David Driscoll, CEO, Signature Senior Lifestyle

10.30 Reviewing partnerships and funding in extracare

housing projects

David Weiss, Head of Partnerships and Property,

Kent Adult Social Services

11.30 Health and social care partnerships in extracare

provision

Trevor Edwards, Housing LIN, Department of Health

12.00 Choices in Long Term Care

Sue Collins, Principal Policy and Public Affairs Manager,

Joseph Rowntree Foundation

Charting the trends and gaps in the development

of extracare housing supply

Tom Whittington, Head of Healthcare Research,

Savills

14.00 Designing sustainable extracare housing

Anne-Marie Nicholson, Director, PRP Architects

14.30 Developing medicare and extracare assistive

technology in housing

Denise Gillie, Associate, Care Services Improvement

Partnership, Department of Health

15.30 Promoting total care concepts including

self support, independent living and well

being in extracare services

Sarah Vallelly, Research Manager, Housing 21

16.00 Developing Sustainable Retirement Communities

Simon Evans, Senior Research Fellow, Health Training

& Research Centre, University of the West of

England

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

Call +44 (0) 20 7970 4770

Book Online @ www.housing-strategy.com

Post a copy of this form together with your payment to

Centaur Conferences, 50 Poland Street, London, W1F

7AX

32. Skills for Care Annual Conference 2008

Wednesday 28 February

This year’s Skills for Care Annual Conference will be

held on Wednesday 28 February 2008 at the East

Midlands Conference Centre in Nottingham.

You can book online here or reserve your place by

phone on 0870 890 1080.

Given the title Turning Social Care on its Head – Developing

the workforce for personalised social care

services, it will look at the creation of a coherent approach

to the development of the social care workforce.

It will include keynote speakers and round table discussions

as well as an extensive exhibition including

leading training providers, staff agencies, publishers

and organisations offering qualifications.

33. RCN Independent Nurse Managers Forum

Conference: Improving practice...

improving care

The RCN will be holding a conference on Saturday 8

March 2008 at Cowdray Hall, RCN Headquarters,

London. The conference will examine the evolution

in the provision of health care and how independent

providers can look for ways to better assist the community

they serve. For further information please

contact the organiser: Guillia Ward; independent@

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

34. Capita’s 4th National

Data Sharing Across the Public Sector Conference

Practical Strategies for Success

Thursday 13th March 2008 – Central London

35. Plus A Half-Day Workshop

Data Sharing – Tackling the Challenges of

Consent and Confidentiality

Friday 14th March 2008 – Central London

Please note that we are now taking bookings on

these popular events, which are CPD Certified

and include contributions from the CESG and

the Information Commissioner’s Office. I would be

grateful if you could find the time to read this and

also forward it on to colleagues to whom it may be

relevant, especially those involved in Freedom of

Information, Data Protection and Information Management,

so that all stakeholders are given the opportunity

to attend this important event.

Receive a 20% Discount for attending both events.

Please click here for further details of these conferences.

If you have any problems with the hyperlink,

please e-mail me at dave.eastman@capita.co.uk

and I will send the brochure as an attachment.

Capita’s key gathering of policymakers and practitioners

will tackle all sides of the complex and, at times,

controversial data sharing policies and issues. Real

examples of how data sharing is evolving across all

areas of the public sector will inspire and provide you

with invaluable knowledge and guidance to take back

to your organisation.

Chaired by Penny Hill, Information Strategy Manager

of Social Care, Warwickshire County Council and

Board Member of National Information Governance

Board of Health and Social Care, our expert speakers

include:

· Stephen McCartney, Head of Data Protection

Promotion, ICO

· Rosemary Jay, Partner, Pinsent Masons,

· Craig Pollard, Head of Partner Development,

CESG

· Michael Eaton, Director of e-Wales & Head of

Public Sector Broadband Aggregation, Welsh Assembly

Government

· Helen Miriam, e-CAF Co-ordinator, Wandsworth

Council

Benefits of Attending include:

Learn how the ICO’s new framework Code of Practice

can benefit your organisation

Gain expert legal advice on privacy and confidentiality

issues and understand the use of privacy impact

assessments

Improve your understanding of information sharing

developments within Children’s Services

Explore network aggregation - linking local authorities

and the health sector

Places can be booked on these events either by filling

out and returning the booking form on the final page

of the conference brochure, or by e-mailing the delegate

details directly to dave.eastman@capita.co.uk.

Alternatively you can book online by clicking here and

using Booking Reference Code TSDE.

THE BOOKING REFERENCE CODE IS TSDE. YOU

MUST QUOTE THIS WHEN BOOKING.

36. Action on Elder Abuse National Conference

‘Making Changes’ – 31st March & 1st April

University of Warwick

Action on Elder Abuse will be hosting its fifteenth 2

day National Conference in 2008, and it is set to be a

major event in the Health and Social Care calendar.

With a keynote speech by Ivan Lewis, Parliamentary

under-Secretary of State, and speakers to include:

Dru Sharpling, Crown Prosecution Service

Ronnie Monks, Department of Health

Richard Brook, Office of the Public Guardian

Representatives from the Association of Chief

Police Officers and the Healthcare Commission

Workshops will include subjects on:

Hate crime

Deprivation of liberty

Financial abuse

Review of ‘No Secrets’

Domestic violence, elder and vulnerable adult

abuse

Learning Disabilities and Safeguarding Adults

£220 + VAT for members

£255 + VAT for non-members

A full, detailed programme and booking form will be

available shortly, but to register your interest and

request a booking form, please contact Natalie Fernandez

on natalie@elderabuse.org.uk

Consultations

To follow next week

CSCI, CSSIW, Healthcare

Commission &

Scottish Care Commission

37. Hazard Warning / Safety Action Notice

1 February 2008 – SCRC

New Hazard Warning / Safety Action notices have

been highlighted for Scottish service provider awareness.

For full report click here

38. CAERRS Conference 2008

1 February 2008 – SCRC

The Care and Education in Residential Special

Schools and Secure Accommodation conference will

be taking place on 13-14 March 2008.

For full report click here

39. Update: Notifications regarding child protection

referrals

31 January 2008 – SCRC

A notice declaring that the telephone number for the

eforms helpdesk was misprinted in the letters issued

ref: notifications regarding child protection referrals.

For full report click here

40. Information for Care Service Providers

30 January 2008 – SCRC

Scottish Care Commission has recently issued letters

to care service providers regarding the annual returns

and self evaluation forms. You may receive one by

post or by email.

For full report click here

41. Driving Improvement in care services for

older people explored at national conference

29 January 2008 – SCRC

Article about Shona Robison MSP, Minister for Public

Health, and her address to delegates at a national

conference in Edinburgh on 29 January 2008.

The conference was called ‘Improving care for older

people: messages from regulation and inspection’.

For full report click here

42. CSCI report reveals plight of those outside

care system

29 January 2008 – Community Care

Care services minister Ivan Lewis has ordered a review

of eligibility criteria for adult care after a CSCI

report exposed the poor plight of those denied council

support.

He ordered the review on BBC Radio 4's Today programme.

For full report click here

43. Sharp divide between people who do and

do not qualify for social care

29 January 2008 – CSCI

CSCI’s report about those who are not receiving support

from councils and are struggling with a poor quality

of life. The claim was made in the third report on

the State of Social Care in England published by

CSCI.

For full report click here

44. CSCI report shows glaring inconsistencies

in care and support for vulnerable adults

that must be addressed, says King’s Fund

29 January 2008 – King’s Fund

The King’s Fund comments on CSCI’s third report on

the State of Social Care in England.

For full report click here

45. Cautious welcome for CSCI State of the

Sector Report

29 January 2008 – NCA

The National Care Association has commented on

CSCI’s third report on the State of Social Care in

England.

For full report click here

46. Sharp divide between people who do and

do not qualify for social care

29 Jan 2008

CSCI published its report ‘The State of Social Care in

England’ as a result of the criticism contained and,

doubtless coupled with the court decision in 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 (reported BHCR Vol 3,

Issue 4, item 9) that the health minister Ivan Lewis

has announced a review into the criteria adopted by

counsel when assessing needs.

Dame Denise Platt, chair of CSCI said:

"Our report is in two parts. On the one hand we

show that those who qualify for council support are

having a better experience than before.

"On the other hand those people who fall outside the

system, including self funders, have a poor quality

experience that can leave them struggling to cope.

People who only five years ago qualified for councilarranged

help are today excluded by the system and

left to fend for themselves. The poor experiences of

people and their carers trying and failing to get sufficient

help contrast starkly with those people who do

qualify for council arranged care."

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

47. Headlines belie true state of health

28 January 2008 – BBC News

Article looking at the state of health in Ireland and the

difference between what is reported and what actually

is happening.

For full report click here

Scotland

48. Free personal and nursing care must be

better funded and planned

1 February 2008 – Community Care

Audit Scotland has published a report calling for a

national eligibility framework for free personal care to

be introduced.

A free review of free personal and nursing care

www.audit-scotland.gov.uk is suggesting that councils

are using different criteria, which means older

people may recieve different levels of care depending

on where they live.

For full report click here

49. Virtual health care gets UK trial

31 January 2008 – BBC News

Aberdeen Royal Infirmity is currently trialling cutting

edge telemedicine technology which allows medical

staff to offer “virtual” health care.

HealthPresence was developed by Cisco and links up

doctors with patients through a video conferencing

booth.

Blood pressure, temperature, pulse rate, weight and

lung function can be assessed at a distance in the

booth if patients can not make appointments. If the

trial is successful, booths may be set up in locations

across the UK.

For full report click here

50. Row Over Claims Patients Being Removed

From Waiting Lists

31 January 2008 – The Herald

Patients are being removed from waiting lists so the

Scottish Government can meet its targets, it was

claimed today.

Liberal Democrat leader, Nicol Stephen, has claimed

that patients are being removed from waiting lists to

enable the Scottish Government to meet its targets.

He said a woman had been told she was being taken

off a consultant's waiting list so the target 18-week

waiting time for treatment could be met and branded

it a "shocking and scandalous situation".

51. Monklands A&E saved from closure

30 January 2008 – BBC News

NHS Lanarkshire has drawn up proposals which will

now safeguard all three of its A&E departments, including

the threatened unit at Monklands Hospital.

Health Secretary, Nicola Sturgeon, overturned plans

to close Monklands A&E, in Airdrie, shortly after the

SNP came to power in May 2007.

For full report click here

52. Scots looking after dental health

29 January 2008 – BBC News

Official statistics are showing that the number of dentists

in Scotland has increased and accordingly the

number of people now registered with one, has also

gone up. This is an increase of 2.1% compared to

the previous year.

The figures also show that the number of children

under the age of 18 registered had also risen from

67.5% to 69.9%.

For full report click here

53. Charge prompts 400 to cancel care

28 January 2008 – BBC News

Fife Council has announced changes to home care

pricing, which in turn has prompted 400 people to

request their community alarms be removed. The

alarms are currently fitted into the homes of elderly

people so they can receive assistance if they have

an accident.

The new charge of £1 per week has been introduced

because of funding shortages in social services

budgets.

For full report click here

Wales

54. Wii boost for care home residents

30 January 2008 – BBC News

Neath Port Talbot Council is giving Nintendo Wiis to

elderly residents in a care home to help keep them

physically and mentally active. The Council is hoping

the games will benefit pensioners at the Dan Y

Bryn home in Pontardawe.

For full report click here

Learning Disabilities

Nothing to report

Legislation Update

Nothing to report

Mental Health

55. Disturbed patients refused help in squabble

over cash

31 January 2008 - The Times

High bed occupancy is said to be the reason mental

health practitioners are being told to delay sectioning

people with urgent mental health needs according to

a report Risks, Rights, Recovery published by the

Mental Health Act Commissioners.

56. Mixed-sex mental health warning

30 January 2008 – BBC News

Women and young people at particular risk

in mixed sex wards

30 January 2008 – Community Care

A key report by the Mental Health Act Commission

has found that patients detained under the mental

health act are often on mixed-sex wards which could

jeopardise their safety.

Ministers have already vowed to end the practice of

young people being kept on adult wards.

For full report click here

For CC report click here

Miscellaneous

57. Cancer woman in drugs fight win

2 January 2008 – BBC News

Debbie Hirst is celebrating after she won the right to

get the drugs she needed on the NHS.

Mrs Hirst suffers from breast cancer and a special

review panel of the Cornwall and Isle of Scilly Primary

Care Trust ruled her case as sufficiently urgent, and

she would not need to raise £60,000 to pay for

Avastin, the drug to prolong her life.

For full report click here

58. Emergency Care bulletin, Issue 55, January

2008

31 January 2008 – DoH

A monthly bulletin for people who work in emergency

care.

For full report click here

59. ‘Terrible shock’ for blind man

30 January 2008 – The Times

A 47 yr old blind man, Nick Whyley, from Southsea

had been supported with 14 hrs a week to help him

cope at home. Without seeing him his needs were

reassessed and the support provided was reduced to

two hrs a week. While challenging the proposed cut

Mr Whyley suffered a stroke. He was told the cuts

would not be implemented until he had completed

rehabilitation.

The support was stopped, without notice and without

explanation.

Ed. This looks like the dramatic uncaring effects

of a cash-strapped local authority with decisions

being taken by junior people lacking in experience

and, some may think, common humanity.

60. Flexible budget thanks to enlightened social

worker

30 Jan 2008 The Times

Item about Julia Winter who has myopathy and brittle

asthma and how direct payments, which see has

been getting since 1997, have helped her take control

over her life and care.

61. Homoeopathy crisis

30 January 2008 – The Times

NHS Trusts increasingly do not offer homoeopathy

treatments. This is claimed to be due to a lack of evidence

that they work.

62. Bureaucracy ‘hinders drive for volunteers’

28 January 2008 - The Times

A study by Commission On The Future Of Volunteering

has said that the need for Criminal Record Bureau

checks and other references may be disproportionate

to the risk and is acting as a break on volunteering.

NHS

63. Online survey for trust patients

3 January 2008 – BBC News

The University Hospitals of Leicester NHS Trust has

asked people in the area to use their online survey to

improve services. Issues such as hand washing and

cleanliness will be amongst the questions.

It is open to all patients past and present to give

feedback on experiences and no personal information

will be collected during the survey.

For full report click here

64. Fighting cancer and the unjust ‘health’

service

3 February 2008 - The Sunday Times

Collette Mills says in a half page article why she is

challenging the NHS rules banning patients from

paying for ‘top up’ treatment that the NHS will not

itself pay for.

For previous items about this, see BHCR Vol 2, Issue

46—item 111, BHCR Vol 3, Issue 1—item 65

and BHCR Vol 3, Issue 4—item 54.

65. £150,000 spent on cardboard nurses

3 February 2008 - The Mail on Sunday

Health chiefs are criticised for sending 6ft high cardboard

cut-outs of nurses to GP surgeries at a cost of

£150,000 – it is part of the campaign to reduce superbug

infections.

66. NHS chief in C.diff scandal wants payoff

doubled

2 February 2008 - Daily Mail

Rose Gibb, former CEO of Maidstone and Tunbridge

Wells NHS Trust, who presided over a hospitals

where 90 people died from C. Difficile and 1,176

made ill, is demanding an increase in her severance

pay – it was originally blocked by Health Secretary

Alan Johnson.

For previous linked stories see BHCR Vol 2, issue

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

issue 41—item 38 and Vol 3, Issue 4—item 55.

67. Woman aged 82 on mixed sex ward

abused by serial sex offender

2 February 2008 - Daily Mail

Judge Timothy Clayson criticised mixed gender

wards after trying a case in which a serial sex offender

was put in a bed next to her.

68. New Foundation Trusts launched

1 February 2008 - Monitor

Five new NHS Foundation Trusts have been given

the green light by the regulator.

69. Best practice guidance for joint working

between the NHS and the pharmaceutical industry

1 February 2008 – DoH

In February 2007, the Ministerial Industry Strategy

Group published its Long-Term Leadership Strategy

for medicines and the Department has published

guidance to support joint working between the NHS

and pharmaceutical industry.

For full report click here

70. NHS reference costs 2006-07

1 February 2008 – DoH

The documents give details on how and on what over

£41 billion of NHS expenditure was used in the

2006/07 financial year.

For full report click here

71. GPs too busy to advise on exercise and

diet – so hand out £47m in drugs

1 February 2008 - The Times

More than a million prescriptions are handed out each

year in response to obesity.

72. Statistical press notice NHS Inpatient and

Outpatient waiting times figures

1 February 2008 - GNN

Inpatient Waiting times

* The number of patients, for whom English commissioners

are responsible, waiting over 26 weeks at the

end of December 2007 was 106. Of these 106, 1 was

an English resident waiting in a Welsh hospital.

* The number of patients, for whom English commissioners

are responsible, waiting over 20 weeks at the

end of December 2007 was 5,400, an increase of 100

(1.1%) from November 2007, but a fall of 40,500

(88.2%) from December 2006.

* The number of patients, for whom English commissioners

are responsible, waiting over 13 weeks at the

end of December 2007 was 51,300, an increase of

3,900 (8.3%) from November 2007, but a fall of

130,200 (71.7%) from December 2006.

* The percentage of patients waiting under 13 weeks

was 91.3%, compared to 92.0% in November 2007

and 76.2% in December 2006. The median waiting

time of those still waiting at the end of December

2007 was 5.2 weeks.

Outpatient Waiting times

* The number of patients, for whom English commissioners

are responsible, waiting over 13 weeks for a

first outpatient appointment at the end of December

2007 was 82. Of these 82, 31 were English residents

waiting in Welsh hospitals.

* The number of patients, for whom English commissioners

are responsible, waiting over 11 weeks at the

end of December 2007 was 1,700, a decrease of 200

(8.2%) from November 2007, and a fall of 23,000

(93.2%) from December 2006.

* The number of patients, for whom English commissioners

are responsible, waiting over 8 weeks at the

end of December 2007 was 32,300, an increase of

1,900 (6.3%) from November 2007, but a fall of

121,000 (78.9%) from December 2006.

* The percentage of patients waiting under 8 weeks

was 95.6%, compared to 96.2% in November 2007

and 84.7% in December 2006. The median waiting

time of those still waiting at the end of December

2007 was 3.1 weeks.

http://www.dh.gov.uk/en/Publicationsandstatistics/

Statistics/CodeOfPractice/DH_4016423

73. Hospitals celebrating new status

31 January 2008 – BBC News

Two Staffordshire hospitals are celebrating after

achieving NHS foundation trust status.

Mid Staffordshire General Hospitals NHS Trust,

which runs Staffordshire and Cannock Chase hospitals,

are celebrating after achieving NHS foundation

trust status.

The status gives the trust greater independence and

freedom in managing its affairs and budget, although

it is still part of the NHS.

For full report click here

74. New arrangements for clinical audit

31 January 2008 - GNN

The DoH announced details of the new consortium

that will run the National Clinical Audit and Patient's

Outcomes Programme (NCAPOP).

Following a comprehensive procurement process, the

management of the programme has been awarded to

a consortium comprised of the Academy of Medical

Royal Colleges, the Royal College of Nursing and the

Long Term Conditions Alliance which will be known

as the Healthcare Quality Improvement Partnership.

The programme was previously managed by the

Healthcare Commission (HCC).

The Chief Medical Officer's report 'Good doctor, safer

patients', was published in 2006 and is available on

the Department of Health website at http://

www.dh.gov.uk

75. NHS trusts 'reject homoeopathy'

30 January 2008 – BBC News

A study by GP magazine Pulse has found that NHS

primary care trusts are slashing funding for homoeopathic

treatment amid debate about its efficacy and

the drive to cuts costs.

The Royal London Homoeopathic Hospital, the country's

largest, confirms it has lost eight contracts in a

year and referrals are down by 20%.

For full report click here

76. MRSA row as NHS closes on target

30 January 2008 – BBC News

Opposition parties are accusing Government ministers

of manipulating data and moving the target back

as it announced it is within touching distance of hitting

its target.

Latest figures show there were 1,072 cases of the

superbug in England from July to September last

year, which approaches the target of half the 1,925

average quarterly 2003-4 figure.

For full report click here

77. Goal of single-sex wards ‘not feasible’

29 January 2008 - The Times

Single-sex wards 'not possible'

28 January 2008 – BBC News

Lord Darzi has stated that the provision of single-sex

hospital wards throughout the NHS is not feasible or

realistic. The Government is committed to providing

single-sex accommodation but with wards being divided

into male and female bays by fixed partitions.

For BBC report click here

Ed. This looks remarkably like a ‘U-Turn’.

78. Hope over jab for lethal NHS bug

28 January 2008 – BBC News

Cambridge-based biotech firm Acambis is currently

developing a bug to combat the life-threatening Clostridium

difficile hospital bug.

The firm have already carried out initial trials and

hope to test it in NHS hospitals later this year and is

thought to be the only vaccine in production.

For full report click here

Nursing

79. The year when 10,000 nurses gave up on

Britain

28 January 2008 - The Times

It is said that more than 10,000 nurses left the UK in

2006/7 for better work overseas.

Older People

80. My darling granddad Sid – and the ‘care’

lottery that wouldn’t allow him to die in his

own home

3 February 2008 - The Mail on Sunday

Article by Lauren Booth about the difficulties her family

faced in trying to meet her grandfather’s wish to

die at home. They failed.

81. Fees for Older People’s Services 2008-

09: Success For Lancashire Care Association

and the Social Care Partnership

1 February 2008 - LCA

‘Fair Price’ work and the new Dignity in Care Charter

bring a substantial increase in fees in the Lancashire

County Council area for older people’s services. This

substantially improved package results from the work

of LCA and the Social Care Partnership.

Back in November ‘07, Lancashire County Council

was proposing £1.2m cuts for the older people’s sector

and uplifts of 3.5% and 3.25%, respectively, for

domiciliary care and care homes. LCA made strong

representations through December including a presentation

to the Leader of the Council, Hazel Harding,

and colleagues to try to ensure that social care was

given its due weight in the various pressures on

council spending and due recognition was given to

the Fair Price model we were using within Lancashire

to track cost pressures on providers. This work

was done with and through the Social Care Partnership.

Last week it was announced that the £1.2 million

cuts (announced back in November) will now not

take place and the £1.2 million will be reinstituted in

full, that the average uplift figures for older people’s

care were to be 6% (domiciliary) and 5.55% (care

homes) and that the threshold for access to domiciliary

care was not to be raised, after much lobbying on

the issue of eligibility criteria and a better than expected

settlement. A new Dignity in Care Charter has

helped to pull in funds that otherwise would not have

been available and LCA are working with the council

on the exact detail of that charter which homes will be

asked to support.

There are other details which will become available

this week so please watch out for the Lancashire

C o u n t y C o u n c i l w e b s i t e ( h t t p : / /

www.lancashire.gov.uk/social-services/contracts/)

a n d t o L C A ’ s o w n w e b s i t e

(www.lancashirecare.org.uk).

While the government settlement for LCC was higher

than expected this is, nonetheless, a success story

for the way LCA is working with the Lancashire Council

- still the main purchaser of care from the independent

sector across Lancashire – and the work

programme for the next period (including work on

‘top-ups’ and the implementation of payment of gross

fees) will again show effective and influential partnership

working from LCA.

82. OFT LAUNCHES SCAMS AWARENESS

MONTH 2008 CAMPAIGN HIGHLIGHTS THE

PLIGHT OF ELDERLY VICTIMS WHO SUFFER

IN SILENCE

1 February 2008 - UKPolicing.info

The OFT today launched its 2008 ‘Scams Awareness

Month’ to raise awareness of mass marketed scams

which cost the UK public £3.5billion a year.

83. No kidding, it’s a playground to keep

those over sixty swinging

31 January 2008 - The Times

Dam Head Park, Manchester is the scene of a new

playground of see-saw, ski walker and other equipment

costing £15,000 aimed at the older generation

was opened.

84. How the elderly and disabled are being

left to fend for themselves

30 January 2008 – The Times

Item about the report from Commission for Social

Care Inspection (CSCI) ‘The State of Social Care in

England’, highlighting the fact that older people who

were receiving social support just a few years ago

now, no longer get that help – despite an increase in

the population of older people.

As a result of the report Ivan Lewis, health minister,

has announced a review into eligibility criteria used by

local authorities.

85. Government orders review of Social Care

eligibility rules

29 January 2008 - GNN

The eligibility criteria, which governs all older and disabled

people's right to receive care services, is to be

fundamentally reviewed.

Care Services Minister, Ivan Lewis, has asked the

Commission for Social Care Inspection (CSCI) to undertake

the review and report back to him with recommendations

in Autumn 2007.

The review will focus on national definitions of need

and their application at a local level by councils.

Ivan Lewis said:

"This year the Government will consult extensively

on a new long term funding system for social care,

begin a radical programme of change through personal

care budgets and announce a new deal for

carers.

"However, today's state of social care report highlights

major inconsistencies in the way that eligibility

criteria is being applied within and between local authorities;

as well as a growing failure to support selffunders

to make difficult choices about care for themselves

or a family member.

"I want to see an end to the 'no help here' culture,

which is now creeping into parts of the care system.

"There will always be a need for a national social

care framework, but the existing system is leaving

too many families on their own and runs the risk of

damaging our commitment to support older and disabled

people to live independently."

86. Elderly care shake-up announced

28 January 2008 – BBC News

North Tyneside Council bosses have announced a

major shake-up of elderly care. They say the move

will see £32.5m invested in the borough over a fiveyear

period, with some existing care facilities closing

but the closures would be offset by new services focusing

on home care.

For full report click here

Social Care

87. GSCC says new checks will drive up

standards

31 January 2008 – NCF

GSCC said CSCI’s report recommending new checks

on social care will help improve current standards.

For full report click here

88. Is technology the answer to social care?

30 January 2008 – BBC News

An article looking at whether technology can help with

the predicted crisis for social care as the number of

people over 65 looks set to rise from just under 10m

to almost 17m in the next 50 years.

For full report click here

89. Success of policy rests on better staff

development, parliament told

30 January 2008 – Community Care

MPs and peers were told that PAs, carers and staff at

small providers should no longer be marginalised in

policy on the social care workforce if the Government

is to succeed its vision of individualised care.

The Parliamentary group on social care heard that

regulations and training policies often excluded these

groups.

For full report click here

90. Needy 'face social care struggle'

29 January 2008 – BBC News

Social care rules 'inconsistent'

29 January 2008 – BBC News

Social care thresholds - council breakdown

29 January 2008 – BBC News

A report by CSCI says that elderly and disabled people

are increasingly being denied social services.

The watchdog said it was due to councils tightening

the eligibility criteria for care, but that it meant there

were 281,000 in need of help but receiving none,

whilst another 460,000 were suffering shortfalls in

care.

For full report click here

For 2nd report click here

For 3