Editorial
At the weekend we saw the beginnings of what has,
in the States of Jersey, become an explosive
issue. Child abuse in the recent past at Haut de la
Garenne – a former children’s home (see item 1).
There have been recent revelations of systematic
abuse in a range of settings, Scottish children’s
homes, NHS long-term hospitals for people with
learning disabilities.
However, what seems to set the Jersey story apart
from the others is not only that it must surely be
difficult to keep such dreadful secrets truly secret on
such a small island, but:
• there is an assertion that many people
participated in the debauchery and abuse;
• that many people in positions of authority
allegedly knew, or at least knew that something
not quite right was taking place; and
• that many people participated in a systematic
cover-up.
We reported on the first murmurings of this story
towards the end of 2007.
Now, the story seems set to run and run.
The police investigation we hear has been on-going
for a year and what we now see is merely the visible
part of the investigative process with the police
looking for physical evidence to verify the statements
obtained.
The first charges have been laid; more will
undoubtedly follow in the weeks and months ahead.
There needs to be a concerted effort to find out why
these matters did not emerge sooner than they
have and lessons need to be learned and put into
effect.
Parliament
25.02.08 – HoL - Disabled Persons (Independent
Living) Bill, Third Reading
26.02.08 – HoC - Healthcare in Norfolk, Westminster
Hall - HoL - Lord Ashley of Stoke to ask
Government what steps it is taking to establish
independent living for disabled people.
Next
Abuse
1. Child remains found at former care home
24 February 2008 - The Sunday Times
Abuse police find body in ex-orphanage
24 February 2008 - The Mail on Sunday
Abuse of children on holiday isle of Jersey
24 February 2008 - BBC radio news
MP calls for Jersey abuse inquiry
27 February 2008—BBC News
News bulletins all day referred to the on-going investigation
by police into alleged wrongdoing, abuse and
deaths at Haut de la Garenne, a children’s home on
the island.
There are so far 70 alleged victims who have been
identified and 20 suspects. A 76 yr old man was
charged last month with indecent assault believed to
have taken place between 1969 and 1979.
For full BBC report click here
2. Action on Elder Abuse chief attacks DH
over No Secrets Review
22 February 2008 – NCF
Gary Fitzgerald, CEO of Action on Elder Abuse has
criticised DoH concerning the launch of a review of
the ‘No Secrets’ Guidance issued eight years ago he
said that he feared for the success of the review
given the current lack of engagement by DoH.
3. Independent Safeguarding Authority
Scheme Consultation
20 February 2008
The English Community Care Association (ECCA)
has made several strategic points in its consultation
response to the Independent Safeguarding Authority
Scheme review.
Martin Green, Chief Executive of ECCA, says:
“Over the past few years we have seen more and
more requirements being placed on care home providers
without any recognition of the cost and work
implications this has for the sector. ECCA believes
that there must be systems that protect vulnerable
adults and employers but at the same time these
must be proportionate, not over-costly, easy to administer
and deliver tangible outcomes.
We need this review to set out a new framework that
will improve coordination and deliver better services
whilst at the same time being not adding more burdens
to an already underfunded and tightly regulated
service.”
4. Scottish Child Abuse Helpline Launched
20 February 2008 - Daily Record
The Scottish Government called on the public to help
end the abuse and neglect of vulnerable children.
A national telephone hotline has been set up and
anyone who is concerned about the ill treatment of
kids has been urged to call.
The hotline - 0800 022 3222 - will provide a gateway
to child protection services.
Children's minister Adam Ingram said: "I believe that
child protection is everybody's business. No young
person should have to suffer abuse or maltreatment
as they grow up and we must all play our part in stopping
it.
"People might be worried about a child with unexplained
bruising, a fear of going home, or who is seen
wandering the streets late into the night."
Business News
5. BLACKPOOL MEMBERS UPDATE RE
FEES
22 February 2008 - Lancashire Care Association
(LCA)
LCVA has had crisis meetings with the council on and
off for a few months trying to salvage anything from
the attempt at a partnership approach before coming
back to members to consult on alternative approaches.
But, at the last minute, there is a glimmer
of optimism.
As with Lancashire County Council, LCA made last
minute representations to the Overview and Scrutiny
Committee and to the Leader of the Council addressing
the issues of the inadequacy of the proposed 2%
uplift (average uplift) for care homes in Blackpool.
Cllr Callow, the Leader of the Council, and Cllr Henderson
were sympathetic to the presentation from
LCA which emphasised the importance of vulnerable
people in the context of the competing council budgets,
the need for a reconnection with the council as a
whole around the vision for Blackpool’s independent
care sector, the history of partnership working with
the council, the ever-diverging ‘Fair Price’ as compared
with actual uplifts (the last three years have
seen sector costs rise by some 20%) and, increasingly
now, the divergence between Blackpool and
LCC fees.
The council has agreed, as “a goodwill gesture” arising
from the representations made, to raise uplifts by
an extra 1% raising the average figure to 3%. LCA
will have further discussions with the council over the
next few days about the uplift and the operation of
the Fair Price model in Blackpool. There will also be
a new aspect to the partnership meetings over the
next year that will involve the Council Leader and the
council more broadly so that the wider council is engaged
in the challenge to ensure a viable quality sector
for all social care providers.
6. Care home owners warn of closures over
funding fears
21 February 2008 - Northampton Chronicle
Owners of care homes across Northamptonshire
have warned care homes could close if the County
Council fails to increase fees. Members of the Northamptonshire
Association of Registered Care Homes
(NorARCH), which represents 70 per cent of the
county's independent care homes, say they have
been underfunded since 1993 and the money they
receive from the council needs to increase by 6% to
stop homes closing.
For full report go to http://www.northamptonchron.co.uk/
news/Care-home-owners-warn-of.3794490.jp
7. Care South expand into Somerset
21 February 2008 – NCF
Care South has now acquired Beauchamp House
Residential and Nursing Home and Beauchamp Gardens
at Hatch Beauchamp in Somerset.
For full report click here
Care Homes
8. Elderly face a rapid exit at doomed care
home
21 February 2008 – Scotsman
Residents of Cockenzie House Nursing Home have
had to deal with the shock news that it will close three
weeks earlier than expected.
The owner says he cannot afford to pay staff after 9
March 2008.
9. Extractor fan starts home's fire
19 February 2008 – BBC News
A care home in Dorset was evacuated after an overheated
extractor fan fell into an acrylic bath and set it
on fire. Forty-five firefighters tackled the blaze at the
three-storey home in Acreman Street in Sherborne.
For full report click here
10. The Human Rights Act and care homes
19 February 2008 – NCF
The Alzheimer’s Society has commented on the use
of the Human Rights Act in private care homes.
Neil Hunt, Chief Executive of Alzheimer’s Society has
said:
“More than two thirds of people in care homes are
living with dementia and thousands of them and their
carers are left exposed by this scandalous legal loophole.
There should never be any compromise when it
comes to treating people with fairness, dignity, equality
and respect and there needs to be an urgent rethink
on extending the Human Rights Act to protect
all residents.
We hear every day about people with dementia being
neglected in care homes, being refused a daily bath
or forced to wear incontinence pads for 15 hours. If a
person with dementia is forced to move from one care
home to another it can pose serious risks to their
health and wellbeing.
This two-tier approach to legally binding human
rights, which depends on how and who runs care
homes, cannot continue.”
For full report click here
Case Reports
Law Reports
11. Re G (a child) sub nom MM v (1) Mr & Mrs
C, (2) X Local Authority, (3) AG and (4) G (by
her Children’s Guardian)
A foreign adoption agency, not the foreign immigration
authorities has to provide confirmation under
Adoptions with a Foreign Element Regulations 2005
reg.10(b)(iv) before an order would be made in favour
of foreign adopters.
12. Lambeth Borough Council v (1) TK (by
her Litigation Friend) and (2) KK
A court was entitled to hold a fact-finding hearing to
determine an applicant's age where it had made a
direction to the local authority under the Children Act
1989 s.37. The local authority was not able to discharge
its duties under the direction by simply concluding
that the applicant was not a child.
Disciplinary cases
13. Social worker struck off for child abuse
failure
18 February 2008 - 24dash.com
A social worker whose actions were found to have
put a child at serious risk has been removed from the
social care register, by the General Social Care
Council (GSCC).
Tricia Forbes, who worked for Waltham Forest Borough
Council, was found guilty of professional misconduct
after a four-day hearing in London, Forbes
admitted failing to initiate a child protection inquiry
after a 13-year-old girl said she had been physically
abused by her father.
Forbes, a deputy team manager, failed to arrange for
the child and her siblings to be accommodated overnight
in a place of safety and did not inform the police,
child protection response unit and partner agencies
of the disclosure, the spokeswoman added.
Sir Rodney Brooke, chair of the GSCC, said:
"Fortunately, professional negligence in social work
is very rare and the tens of thousands of social workers
registered with us provide only the highest standards
of care to vulnerable members of our society.
"In order to protect the reputation of the very many
social workers who do an outstanding job day in day
out, it's vital that we take action where misconduct
has been found."
Forbes has a right of appeal to the independent Care
Standards Tribunal.
Cases in the news
14. Matron accused over woman's death
22 February 2008 – BBC News
Harjinder Kaur Manjat denied manslaughter by negligence
of the death of Eileen Murphy in March 2003.
The court was told the deputy matron failed in her
duty after Ms Murphy had an epileptic fit lasting up to
two and a half hours.
Bernadette Gerrard of Hednesford, admitted at Wolverhampton
Crown Court to manslaughter by negligence.
For full report click here
15. No charges to be brought over care home
death
21 February 2008 – ChronicleLive
Nobody at Silverdale Nursing Home in Newcastle will
face criminal charges over the death of a pensioner.
Northumbria Police initiated an investigation after a
suspected mix-up of medication was given to 71-
year-old John Gallagher, but experts have been unable
to say the patient’s treatment caused his death.
16. Nurses gave patients wrong drugs
21 February 2008 – BBC News
Three nurses, Kathleen Smith, Mary Casey and Carol
Bushell all admitted they gave the wrong drugs to
patients at Birmingham’s Maypole Nursing Home. 27
people died in a year at the care home.
They admitted the charges at a hearing of the Nursing
and Midwifery Council, which will decide whether
the three are unfit to practise.
The home was closed in 2003 after an unannounced
inspection and it was later discovered that 27 residents
had died there between 2002 and 2003, compared
to eight the previous year.
For full report click here
17. Damages for mother
19 February 2008 - The Times
The young mother in G v Nottingham Social Services
will be compensated by Nottingham City Council for
unlawfully removing her new-born son without having
a legal right to do so.
The baby was taken into care lawfully following a
court order a day later and is still in care with the
mother having limited access.
For previous reports see Vol 3, Issue 5—item 21
Children
18. Scandal of the stolen children (cont.)
23 February 2008 - Daily Mail
A two page story about Louise Dillon who had her
children taken from her as a result of false accusations
that she had harmed a child. The story, which
can only be told as a result of a highly unusual order
of Mr Justice Gillon allowing the mother to be named
and for the story to be reported. Usually, such cases
are shrouded in the secrecy of the family courts system.
It is an appalling tale of the high handed approach
sometimes taken by social workers and medical
staff. It was a chance reading of a report of Ms Dillon’s
criminal prosecution that one of the doctors involved
in the initial treatment of her child learned of
the fact that her children had been taken into care
and that she had been prosecuted that he came forward
and evidence gathered that the child had suffered
a rare form of cancer.
19. Security fears over children’s database
22 February 2008 - The Times
Call to scrap children's database
21 February 2008 – BBC News
Deloitte which reviewed ContactPoint has said that it
is at risk of security breaches. Government has released
a five page summary and will not publish the
report for fear of putting the data at risk.
For previous items about ContactPoint see BHCR
Vol 2, Issue 32 – item 24.
For BBC report click here
Ed. We have been concerned from the outset of
ContactPoint about the potential for breaches of
security. It would appear that it is generally the
case that our security services can keep data
reasonably secure; why then is it so difficult for
the rest of the State apparatus to keep information
secure?
20. Children's minister Brennan says lessons
must be learned
22 February 2008 – Community Care
Junior Children’s Minister, Kevin Brennan stated that
he will see to strengthening inspection of privately-run
children’s homes after the provider Sedgemoor collapsed.
He told MPs that the Sedgemoor case had been
"completely unacceptable" and promised that a
"closer and better" inspection regime would be implemented.
For full report click here
21. A third of 10-year-olds are now overweight
22 February 2008 - The Times
New data on children's height and weight
published
21 February 2008 - GNN
About 80% of school children in Reception and Year
six have been weighed and measured as part of a
scheme to fight obesity according to Public Health
Minister Dawn Primarolo.
The National Child Measurement Programme, established
in 2005, checks children's height and weight to
enable local health services to identify children who
are, or who are at risk of becoming overweight.
The figures, recorded in 2006/07, show that:
- in Reception year (age four to five) one in four children
(22.9%) were overweight or obese;
- in year six (age ten to 11) one in three children
(31.6%) were overweight;
- in both age groups, boys are more likely than girls to
be obese;
A copy of the guidance is available at: http://
www.ic.nhs.uk
22. Childminders face huge rise in Ofsted fee
20 February 2008 - The Times
Childminders face a seven-fold increase in registration
fees in April with an increase from £15 pa to £103
pa. Day nurseries fees will increase from £155 pa to
£450 pa in 2010.
This push to increase fees is to reduce the taxpayer’s
burden of running Ofsted. The proposal was
‘slipped’ in to a consultation, now ended.
23. ’Some people may choose to break the
law’
20 February 2008 - The Times
The item looks at the experience of Susanna Dawson
of Hexham, she looks after 18 children and earns
£700 per month, gross.
24. £20m to improve services for some of the
country's sickest children
19 February 2008 - GNN
Care Services Minister, Ivan Lewis launched a £20m
boost to improve palliative care services for the thousands
of children with life-limiting or life-threatening
conditions.
The, money which is launched alongside the first
ever Children's Palliative Care Strategy 'Better Care:
Better Lives' will enable some of the country's sickest
children to be cared for and die in their choice of setting
whether at home or in a hospice.
There is currently a grant of £27m from 2006/07 -
2008/09 for childrens' hospices and hospice-at-home
care.
Care Services Minister, Ivan Lewis said:
"Today's announcement means a further £10m per
year until 2011 for children's hospices and hospice at
home grant, which will help thousands of children
with life-limiting or life-threatening conditions to receive
the care that they want, where they want.”
Conferences & Courses
To follow next week
Consultations
25. 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
26. 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
27. 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
28. 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
29. 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
30. 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
31. 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
32. The state of social care
March 2008 – Care Management Matters
Andrew Cole reviews CSCIs annual report ‘The state
of social care’ including comment and criticisms from
a number of leaders of national associations, Sheila
Scott, NCA, Martin Green, ECCA, Des Kelly and others.
33. Scottish Public Services Ombudsman Report
21 February 2008 – Scottish Care Commission
If a complainant is unhappy with the Care Commission's
response to their complaint, they have every
right to approach the Scottish Public Services Ombudsman
(SPSO) to request an inquiry into the matter.
In the February 2008 'Commentary', the SPSO published
details of a report (case reference
2007003322). The complaint was 'not upheld' andaccess
to the report can be obtained through the complaints
page of its website.
For full report click here
34. State of Social Care Report Launch: Presentation
transcript
21 February 2008 – CSCI
A transcript of presentations at the State of Social
Care report launch on 29 January 2008 by speakers
including Dame Denise Platt, Nasa Begum, Paul
Snell, Anne Williams, Stephen Burke, Lesley Rimmer
and Ivan Lewis.
They spoke about CSCI's plans to improve provision
of social care in the UK.
For full report click here
35. CSCI Chair and Commissioners reappointed
18 February 2008 – CSCI
The Chair and five Commissioners of the Commission
for Social Care Inspection (CSCI) have been
reappointed to serve a further term. The term is effective
until March 31st 2010 or until CSCI is superseded
by the Care Quality Commission, if this is
sooner.
Dame Denise Platt DBE continues to be Chair of the
Commission.
John Knight is Head of Policy and Campaigns Leonard
Cheshire Disability, a national voluntary sector
provider of social care services for disabled people.
Jim Mansell is Professor of Learning Disability in the
Tizard Centre at the University of Kent.
Olu Olasode is a Chartered Accountant and Public
Service Productivity Consultant.
Beryl Seaman CBE is a former Chair of the South
Yorkshire Probation Board and the Probation Boards
Association.
Peter Westland CBE has had a distinguished career
in social care services including posts as Director of
Social Services for the London Borough of Hammersmith
and Fulham and in the Association of Metropolitan
Authorities.
For full report click here
36. Regulator begins site visits for mental
health study
18 February 2008 – Community Care
The Healthcare Commission has started its drive to
visit mental health trusts and examine the quality of
older people’s services. Factors taken into account
will be levels of ageism and integration with social
care and safety.
The visits began last week and six trusts will take
part.
For full report click here
Education
Nothing to report
Ireland, Scotland & Wales
Ireland
37. Bug investigation team announced
19 February 2008 – BBC News
The members of a review team assigned to look into
the recent outbreak of C. difficile in Northern Ireland
has now been announced.
Six people will take part, with four of them from outside
Northern Ireland and have been described by
the Department of Health as experts in infection control
from across the UK. The team will be concentrating
on hospitals in the Northern Trust area.
For full report click here
Scotland
38. Scottish Child Abuse Helpline Launched
20 February 2008 - Daily Record
For full report see Abuse—item 4
39. Docs Say Extra Cash Is Worth GBP3 A
Patient
22 February 2008 – Evening Times
FAMILY doctors in Scotland claim they will receive
less than £3 per patient for opening surgeries at evenings
and weekends.
The British Medical Association Scotland has
branded Government plans to offer appointments
outside office hours as "badly thought out".
40. Needle Jabs Hit 600 NHS Staff A Year
21 February 2008 – Evening Times
Health bosses are looking to raise awareness of
needlestick injuries among staff at NHS Greater Glasgow
and Clyde. There were 605 injuries among staff
at the hospital of health workers being jabbed by needles.
They are now training senior nurses across the city to
come to the aid of affected colleagues, who risk contracting
blood-borne viruses.
41. Doctors Reject GBP19,000 Offer For 3 Extra
Hours
20 February 2008 – Evening Times
Doctors in Glasgow have rejected plans which would
give them £19,000 for just three extra hours of work a
week.
Hundreds of GPs from across Glasgow, Ayrshire and
Lanarkshire gathered at Celtic Park last night to protest
at Government plans to change their working
practices.
Health Secretary, Nicola Sturgeon has written to
4000 Scottish GPs to persuade them to offer appointments
outside office hours, saying if they agree to the
proposals a total of £19million additional funding will
be set aside for general practices.
42. Campaign bid to protect children
19 February 2008 – BBC News
The Scottish Government has launched a new national
campaign aiming to prevent child abuse or neglect.
The campaign will urge people to telephone a
dedicated helpline to report any fears they have
about the safety and welfare of vulnerable children.
The hotline will then provide a link to child protection
services, and has been branded the "fourth emergency
service".
For full report click here
43. Hospital to cost taxpayer £842m
19 February 2008 – BBC News
According to the local health board, a new
“Superhospital” on the site of Glasgow’s Southern
General could be costing the taxpayer as much as
£842m.
The hospital plans to deliver an adult hospital with
1,109 beds and a 240-bedded children's hospital by
2014 and Glasgow City Council has already granted
outline planning permission for the development.
For full report click here
44. MPs criticise military healthcare
18 January 2008 – BBC News
Veterans 'need more mental care'
18 January 2008 – BBC News
The Commons Defence Select Committee has criticised
the Scottish Government for failing to give adequate
healthcare to military personnel and their families.
The CDSC’s report said that the mental health
needs of veterans and their families returning from
overseas postings were also being failed.
Ministers rejected the claims and said changes had
already been made.
For Scottish report click here
For English report click here
45. Plans to improve elderly services
18 January 2008 – BBC News
A public consultation has been launched in Renfrewshire
with the aim of improving services for older
people needing long-term NHS care. One of the recommendations
includes transferring specialist services
currently provided at Johnstone Hospital to a
more modern facility.
For full report click here
46. Scotland’s £63 million funding gap
March 2008 – Care Management Matters
Item about the auditor’s findings that there is a ‘black
hole’ in the funding of social care of 70,000 people in
Scotland.
Wales
47. Hospitals warned over A&E failure
21 February 2008 – BBC News
All Welsh NHS trusts missed key targets and got a
warning from Health Minister, Edwina Hart over their
“poor” performance.
Ms Hart said it was “clearly unacceptable” that every
single A&E department missed its waiting time targets
last month and left over 11% of patients waiting
more than four hours.
For full report click here
48. 'Bed-blocking' worsening say AMs
20 February 2008 – BBC News
Welsh Assembly Members are calling for stronger
Government leadership on bed-blocking, otherwise
known as delayed discharges from hospitals. The
audit committee said that more work needs to be
done to ensure patients do not stay in hospital any
longer than they need to.
The latest figures on the number of unnecessary
days spent in hospital showed a rise from 262,595 to
268,491 between 2005-06 and 2006-07.
For full report click here
49. NHS dentistry 'set back 20 years'
19 February 2008 – BBC News
Dentists are blaming a contract brought in by the
Welsh Assembly Government in April 2006 for setting
back NHS dentistry by 20 years. They say that patients
can now expect to have more teeth taken out
rather than fixed.
Some patients have found that more expensive work
was only available privately.
For full report click here
50. New mental health powers sought
18 January 2008 – BBC News
Conservative AM Jonathan Morgan will be attempting
to gain new powers for the assembly. The MP wants
mental health patients to be assessed and treated
earlier than present and to date the assembly has
only made applications to the UK government for extra
powers under the Government of Wales Act.
The powers would also allow for mental health patients
to receive independent advocacy services during
treatment.
For full report click here
Learning Disabilities
51. Model costs
March 2008 – Care Management Matters
CMM business clinic looks at the national roll-out of a
new model contract developed in two regions over
the past few years; comments are provided by James
Churchill, CEO ARC, Claire Million Director of Finance,
United Response and Colin Young, Director,
Leonard Cheshire Disability – flaws are identified in
the model as presently developed.
Legislation Update
Nothing to report
Mental Health
52. The impact of the NHS Research and Development
Strategy on Mental Health Services
and Research in England: Response
document
22 February 2007 – DoH
Response document by Department of Health on the
new research funding system. The system will provide
competitively awarded grants to cover the direct
costs of research, as well as paying NHS clinicians to
collaborate in research led by others.
For full report click here
53. Guidance on nominating a consultee for
research involving adults who lack capacity
to consent
22 February 2008 – DoH
Guidance setting out how to identify an appropriate
consultee for the purposes of section 32 of the Mental
Capacity Act, it requires the researcher to take reasonable
steps to identify a person who, as a result of
an existing relationship with the person who lacks
capacity, can advise the researcher about that person’s
participation in the project.
Where no such person is identified, the Act requires
another person who can provide this advice to be appointed
in accordance with guidance.
For full report click here
54. MPs criticise military healthcare
18 January 2008 – BBC News
Veterans 'need more mental care'
18 January 2008 – BBC News
The Commons Defence Select Committee has criticised
the Scottish Government for failing to give adequate
healthcare to military personnel and their families.
The CDSC’s report said that the mental health
needs of veterans and their families returning from
overseas postings were also being failed.
Ministers rejected the claims and said changes had
already been made.
For Scottish report click here
For English report click here
55. Regulator begins site visits for mental
health study
18 February 2008 – Community Care
For full report see CSCI, CSSIW etc….—item 36
Miscellaneous
56. GPs are at odds with patients over surgery
opening hours
23 February 2008 - The Times
Item about a poll conducted for The Times which
suggests that patients are much more enthusiastic
for extended opening hours of surgeries at weekends
and in the evenings.
57. A fight ministers know they can win
23 February 2008 - The Times
A short item about the issue over which Government
has chosen to have a show-down with doctors
58. Preparing for an Influenza Pandemic
22 February 2008
The English Community Care Association (ECCA
has supported the Department of Health in its planning
for an influenza pandemic.
Martin Green, Chief Executive of ECCA, said:
“We welcome the guidance being given by the Department
of Health that suggests the independent
sector should be involved in the planning for an influenza
pandemic. If the sector is prepared to manage
the pandemic effectively and staff are supported
properly this will undoubtedly ease the pressure on
statutory services and particularly acute hospitals.
Influenza makes no distinction between private
and public services. Everyone is at risk and everyone
must work together to protect the public and care
services”.
For the article on planning for flu pandemic see
BHCR Vol 3, Issue 2.
59. Johnson irks committee as he ducks careers
queries
22 February 2008 - Health Service Journal
Alan Johnson, Health Secretary, has irked MPs by
refusing to answer questions at a health select committee
inquiry into Modernising Medical Careers.
Mr Johnson fended off a series of questions concerning
junior doctors' training, saying he could not comment
before the Department of Health's formal response
to the Tooke report.
60. Eye fight man 'forgotten' says GP
22 February 2008 – BBC News
The Government has been accused by a Devon GP
of "forgetting" Jack Tagg, a World War II pilot from
Torquay who is going blind. Mr Tagg, 88, from Torquay,
fears he will have to sell his house to pay for
vital treatment for wet age-related macular degeneration
(AMD).
Mr Tagg said he was told by a consultant in Torbay
that he would not get injections of the drug Lucentis
unless he had lost vision in his left eye, yet elsewhere
in the South West the same treatment is offered for
free.
For full report click here
61. 'No proof' private clinics work
22 February 2008 – BBC News
Edinburgh University researchers have criticised the
Government for forging ahead with a £5bn scheme to
carry out NHS care in private clinics without sufficient
evidence showing that they work.
The Government retaliated by saying they had helped
cut waiting lists and gave value for money. The clinics,
run by private firms, were set up to do minor NHS
operations, such as hip and knee replacements and
cataracts, as well as some diagnostics.
For full report click here
62. Supermarket to offer in-store GP
21 February 2008 – BBC News
Sainsbury’s in Manchester is believed to the first in
the UK to offer doctor appointments. Doctors from
three different surgeries will work from a consulting
room in the superstore in Heaton Park, near Prestwich
from March.
It is the first phase of a £126,000 pilot by the Heywood,
Middleton and Rochdale Primary Care Trust to
provide extended-hours medical care and also means
that NHS patients in the area can book appointments
on selected evenings and weekend days.
For full report click here
63. Woman's long trip for dental help
20 February 2008 – BBC News
A Hampshire woman has been told that to see an
NHS dentist she needs to undertake a 50-mile round
trip.
A national shortage of NHS dentists has meant hundreds
of patients travelling long distances, often in
pain, Ms Dale said she already tried the local NHS
dentists listed as taking on patients, but found that
they were all full.
For full report click here
64. Bid to tackle 'sick-note culture'
20 February 2008 – BBC News
Health Secretary, Alan Johnson, is calling for doctors
to tackle the sick-note culture by issuing “well notes”
instead of automatically signing patients off.
The “well notes” would list out what tasks a worker
can perform.
For full report click here
65. Comprehensive Area Assessment –
ECCA Response
20 February 2008
The English Community Care Association has responded
to the consultation on the Comprehensive
Area Assessment (CAA).
Martin Green, Chief Executive of ECCA, said:
“Good Comprehensive Area Assessments are vital to
ensure proper commissioning of services. The care
home sector is very underfunded and is not well
served by the current situation which does not see
authorities effectively judged on the basis of their
integrated commissioning.
We need this review to set out a new framework that
will improve coordination and deliver better services”.
66. Christie & Co’s Care Focus, Autumn 2007
19 February 2008
Christies deals round-up for the latter part of 2007 is
now available.
To access the report go to http://www.christieupdate.com/
users/b7j6d5e3i2e9c2/r4805719/4805719.pdf
67. CQC moves a step closer
19 February 2008 – NCF
The proposed new regulator, the Care Quality Commission
came closer to reality as the Health and Social
Care Bill progressed through Parliament.
The House of Commons held the report stage and
third reading of the bill.
For full report click here
68. Doctors ‘intimidated’
18 February 2008 - The Times
Prof Terence Stephenson says medical regulators
and Government are failing to defend paediatricians
in their child protection work. He is lobbying for a
survey of paediatricians.
69. Controversy built into the job
19 February 2008 - The Times
A look at the role of Andrew Dillon, chief executive of
NICE – National Institute for Clinical Excellence.
70. Government orders eligibility criteria review
March 2008 – Care Management Matters
Item by Des Kelly, OBE, about the review which Ivan
Lewis has ordered CSCI to undertake and report
back to him in autumn 2008.
Ed. I expect Ivan Lewis will have been moved to
another post by then following the Government
re-shuffle in the summer.
71. Capital allowances changes for 2008
March 2008 – Care Management Matters
Item by David Rees of Davis Langdon, discussing the
value of capital allowances in care homes and the
generous treatment by HM Revenue and Customs
and how they might be exploited.
72. Model contract for your clients
March 08 Care Management Matters
Resume of the draft contract developed for CMM and
National Care Forum in an attempt to meet the requirements
of the Office of Fair Trading criticisms.
NHS
73. Monitor challenges DH on freedoms
22 February 2008 – HSJ
Battle lines are being drawn between foundation
trusts and the Department of Health over the trusts'
future, after a series of leaked letters between the
leaders of the NHS and regulator Monitor were published.
The correspondence has exposed a huge gap between
their positions on New Labour's flagship hospitals.
74. Inequitable illness
22 February 2008 - The Times, Letters to the Editor
Letter from P Farmer, chief exec, MIND
A Greatley, chief exec, Sainsbury Centre for Mental
Health
Prof. S Hollins, President, Royal College of Psychiatrists
P Jenkins, chief exec, Rethink
A McCulloch, chief exec, Mental Health Foundation
jointly call for mental health to be properly considered
and funded in the proposed NHS constitution.
75. No private benefit
22 February 2008 - The Times
According to Alyson Pollock and Sylvia Godden of
University of Edinburgh there is no good evidence
that private treatment centres offer value for taxpayers
nor for that matter additional capacity.
76. Snags with £12bn NHS computer system
‘put patients at risk’
21 February 2008 – The Daily Telegraph
A leading hospital trust has abandoned software for
the controversial new £12billion IT system for the
NHS claiming it posed a risk to patients.
Dr Chris Taylor, an A&E consultant at Worthing Hospital,
said it “couldn’t do simple things like print labels
for blood samples quickly”.
77. Hospital staff give ward warning
21 February 2008 – BBC News
Devon Staff at a Derriford Hospital in Plymouth have
written to managers warning that patients lives are
being put at risk by a shortage of nurses on a main
surgical ward.
More than 35 staff signed the letter, saying "patients
deserve better". However, the hospital said that it
was recruiting hundreds of nurses and insisted that
care was safe on the ward, which mainly holds cancer
patients.
For full report click here
78. Dear colleague letter: Introduction of the
standard NHS contract for acute services
20 February 2008 – DoH
A letter confirming the new standard NHS Contract
was published with the NHS Operating Framework in
December, for introduction from April 2008 and its
expectations regarding the adoption of the standard
contract; to ensure that PCTs are aware of the obligations
of NHS Foundation Trusts .
For full report click here
79. NHS 'limiting obesity operations'
20 February 2008 – BBC News
A survey of 20 doctors by GP magazine, Pulse, has
revealed that hospitals in England and Wales are
starting to refuse referrals for obesity operations on
cost grounds.
This means that the severely obese - at risk of conditions
like heart disease - have to rely on lifestyle
changes and drugs.
For full report click here
80. Health records dumped in landfill
20 February 2008 – BBC News
Bolton Primary Care Trust has had to write to about
3,200 patients after confidential records were mistakenly
dumped in landfill. The paper notes should have
been shredded or burned.
A statement from the trust said all patients had been
contacted about the matter and it has provided information
lines for anyone worried.
For full report click here
81. Health Minister calls for new focus on
work-health balance
20 February 2008 - GNN
Health Secretary Alan Johnson today called for all
employers to do more to promote the health and wellbeing
of their staff. He said:
"Ten years ago, we started the debate on work-life
balance. Increased maternity leave, the introduction
of paternity leave, time off for adoptive parents and
the right to request flexible working have led to a
quiet revolution, as more employers recognise that
supporting a healthy work-life balance is essential to
recruiting and retaining talented staff. The next stage
is to incorporate work life balance with work health
balance."
In his speech, the Health Secretary set out some key
steps that employers and government must take:
- First, employers taking steps to promote health and
well-being in the workplace;
- Secondly, government must work with employers to
improve how we identify potential health risks - in particular
around stress and mental health - and address
these risks;
- And thirdly, government must do more to help those
who able to work, but have been prevented from doing
so by health reasons to get back into the workplace.
The Government also today launched Professor
Louis Appleby's report 'Mental Health and Ill Health in
Doctors' containing recommendations on how the
NHS can support doctors to look after their own mental
health.
A copy of health Secretary Alan Johnson's speech is
available on http://www.dh.gov.uk
82. County differences over eye drugs
19 February 2008 – BBC News
Marion Lindsey-Noble lives on the border of Devon
and Somerset. Her deteriorating eye condition was
treated differently under each county, Somerset offered
the treatment free whereas Devon said she
had to pay.
For full report click here
83. Health trust could cut 200 jobs
19 February 2008 – BBC News
Greater Manchester NHS Trust could be axing over
200 jobs as it tries to avoid a £7m deficit. Trafford
Healthcare NHS Trust has been struggling with cash
problems for quite a few years and hopes this will
help it avoid “major financial problems”.
The Trust also plans to close two wards and two operating
theatres and has already had to borrow £3m
from the Government to pay its staff wages.
For full report click here
84. Infection control top of NHS list
19 February 2008 – BBC News
NHS South East Coast has published its goals and
priorities it wants to deliver by April 2011. Top of its
agenda is improving infection control, reducing
deaths from heart disease, stroke and cancer.
It pledges to have wiped out hospital acquired MRSA
by 2011 and reduced clostridium difficile (C.diff) by
55%.
For full report click here
85. Staff levels 'risk to patients'
19 February 2008 – BBC News
A former nurse, Jean Hollis has said staffing levels at
Bridling Hospital are putting patients at risk. Ms
Hollis worked at the East Yorkshire hospital for six
years and said staff are being put under too much
pressure.
Officials at Scarborough and North East Yorkshire
Healthcare NHS Trust, currently managing the hospital,
deny the claims but admitted in a statement there
had been staffing issues but that these were being
addressed.
For full report click here
86. Better Care: Better Lives
19 February 2008 – DoH
Care Services Minister, Ivan Lewis has launched a
£20m boost to improve palliative care services for the
thousands of children with life-limiting or lifethreatening
conditions.
For full report click here
87. Ignore the doctors. Polyclinics are the
future
19 February 2008 - The Times
Item by David Aaronovitch.
88. NHS makes outstanding progress in
treatment of heart disease
19 February 2008 - GNN
The NHS claims to have made outstanding progress
in the management of cardiovascular disease (CVD)
according to the Coronary Heart Disease (CHD) National
Service Framework (NSF) Progress Report.
89. Ignore the doctors. Polyclinics are the
future
19 February 2008 - The Times
David Aaronovitch extols the virtues, as he sees
them, of polyclinics as envisaged by Lord Darzi as
part of the proposed reform and modernisation of the
NHS delivery of primary care.
90. No funds for restraint training
19 February 2008 - The Times
Item extracted from Health Service Journal commenting
on the level of physically challenging behaviour
on NHS mental health acute wards and the fact that
10 years the death of David Bennett, who died after
being held face down for almost 30 minutes there is
still no budget for this training and another coroner
called for such training after the inquest last month
into the death of Geoffrey Hodgkins who was held
face down for 25 minutes.
91. NHS criticised on blindness cure
18 January 2008 – BBC News
Due to refusal by the local NHS, an 88-year-old
Devon man is paying up to £10,000 for treatment to
save the sight in his right eye.
Jack Tagg said he was told by a consultant that he
would not get drug injections unless he had lost vision
in his left eye. He suffers from age-related wet macular
degeneration (AMD).
Torbay Care Trust rejected his claim and said it operated
a "fair" policy.
For full report click here
92. Anger at 'patient stacking' claim
17 January 2008 – BBC News
Unison has claimed that ambulances are being used
as waiting rooms outside hospital emergency units in
order to meet Government pledges on treatment
times.
The union said that so-called patient stacking in ambulances
was used if they could not be seen in A&E
within four hours. However, the Department of Health
denied the target was causing undue delays.
For full report click here
93. The sick note that will tell the boss you’re
fit enough to work
16 February 2008 - The Times
Secretary of State for health, Alan Johnson, has announced
that he expects GPs to complete a new
‘Well Note’ saying what work patients are capable of
in an attempt to change what he has categorised as
a ‘sick note culture’.
94. Another prescription for GP gloom
16 February 2008—The Times
Item by Dr Martyn Lobley a GP from south-east London
despairing of the Government plans – he quotes
from the opening sentence of a standard medical text
book for GPs – “Wherever possible, suggest work
adjustments rather than signing a patient off work”.
Nursing
Nothing to report
Older People
95. Palliative care for people with dementia
March 2008 – Care Management Matters
Les Bright explains his views on how this issue can
be successfully addressed to the benefit of those
cared for.
96. Sunshine in your life
March 2008 – Care Management Matters
The Sunshine Project, based in Clacton-on-Sea,
suggests ways of giving meaning and direction to the
lives of older people.
97. Views sought on elderly services
24 February 2008 – BBC News
Reading Borough Council is inviting residents to
have their say on the level of care and home support
services they can have available as they grow older.
It is estimated that by 2015 there could be 2,000
older people giving unpaid care to a partner or relative
in the town, a council spokesman said and the
event will be held at the town hall on 6 March from
1000 to 1600 GMT.
For full report click here
98. TV's ‘The Real Hustle’ joins OFT in fight
against scammers
20 February 2008 - GNN
BBC's The Real Hustle team have urged consumers
to join the fight against scammers as part of the OFT
Scams awareness month.
TV hustlers Alexis Conran, Jessica-Jane Clement,
and Paul Wilson are asking UK consumers to support
the OFT's campaign and collect any potential scam
mailings they have recently received and drop them
in designated 'Scamnesty' bins or boxes at local libraries
and other public areas across the country until
February 27. The scheme, in partnership with local
authority Trading Standards Services, is taking place
in nearly 60 local authorities to provide intelligence,
help inform future investigations, and prevent others
from being scammed.
The show's stars, who demonstrate ways in which
the public can be conned in the series, have also
urged more real-life victims to come forward. OFT
research shows that whilst three million people a year
fall victim to scams including bogus lotteries, deceptive
prize draws, sweepstakes and fake psychics,
less than 5% report it to the authorities. Consumer
Direct, the government advice service, has this month
launched a new scams reporting function on its website,
allowing the public to record details of the type of
scam they have encountered.
99. Research: older people's care is top
health priority for most people
19 February 2008 – Community Care
A survey published by think-tank the Resolution
Foundation, reveals that three-quarters of people believe
that the reform of older people’s care is equal to,
or more important than key NHS reforms.
For full report click here
100. Regulator begins site visits for mental
health study
18 February 2008 – Community Care
For full report see CSCI, CSSIW etc….—item 36
101. Social care of older people as important
as NHS
19 February 2008
Almost 75% of people view the reform of elderly care
as equal to or more important than key NHS reforms,
according to research published today by the Resolution
Foundation:
– 73% said they viewed elderly care as equal to
or more important than improving hospitals
– 78% said they viewed elderly care as equal to
or more important than improving the provision
of dental services
– 77% said they viewed elderly care as equal to
or more important than extending GP opening
hours
The report ‘Lost: low earners and the elderly care
market’ adds weight to the growing consensus that
the current system needs urgent reform, and that it
must be a top policy priority alongside higher profile
NHS reforms. The report which includes polling evidence
from YouGov and new analysis from Deloitte
101. Social care of older people as important
as NHS (continued…)
offers an insight into the current elderly care system,
in particular through the eyes of ‘low earners’ – the
‘not rich, not poor’ group who have modest means in
retirement and get caught in means-testing.
Clive Cowdery, Chairman of the Resolution Foundation,
said:
“The current system is not fit for purpose and an ageing
population will only make this worse. The Foundation
has started an objective look at how low earners
can get fair and efficient access to the care market.”
Sue Regan, Chief Executive of the foundation,
added:
“With a Green Paper in the pipeline, now is the time
to make sure that the elderly care system is not just
tinkered with but undergoes fundamental reform.
There is now growing public demand for this issue to
be a top political priority.”
All the Foundation’s research, reports, briefings,
seminar notes are available on our website
www.resolutionfoundation.org
102. Cost of caring for elderly could hit
£1,000 a week
19 February 2008 - Daily Mail
Long-term care costs 'to double'
19 February 2008 – BBC News
The cost of care home places is set to double to
about £1,000 pw over the next 20 years according to
figures released by SAGA.
For BBC report click here
Parliament
27.02.08 – HoC - Air ambulances in the NHS, Westminster
Hall
Social Care
103. Social Care as an Equality and Human
Rights Issue: Speech by Baroness Campbell
21 February 2008 – Equality & Human Rights
Commission
A transcript of the speech by Chair of the Disability
Committee and EHRC Commissioner Baroness
Campbell at the Institute for Public Policy Research's
Power to Carers and Users: Transforming Care Services
event on 19 February 2008.
She addresses the human rights issues of social
care.
For full report go to http://www.equalityhumanrights.com/en/
n e w s a n d c o m m e n t / s p e e c h e s / P a g e s /
socialcareequalityandhumanrightsissue.aspx
104. New SCIE guide on promoting dignity
within the law
18 February 2008 – NCF
The Social Care Institute for Excellence (SCIE) has
launched a new guide to help practitioners and commissioners
of health and social care services understand
the way legislation protects people’s rights to
be treated with dignity. This was commissioned by
the Department of Health,
For full report click here
Staff, employment and
disciplinary
105. The draft Social Security Benefits Up-rating Order
2008 has been published. From 6th April 2008,
SMP increases to £117.18pw (from £112.75), and
SSP increases to £75.40pw (from £72.55).
Thanks to David Perry of Tinsdills and Daniel Barnett,
barrister specialising in employment and human resources
law barrister www.danielbarnett.co.uk
Volume 3 Issue 8
Stars in their eyes – revisited!
More nonsense decisions from CSCI based
on its ridiculous application of its ill-thought
through rules
Last week I wrote about some potentially perverse
decisions which might be arrived at by a rigid approach
by the Commission for Social Care Inspection
(CSCI) to its newly introduced Key Lines of Regulatory
Assessment and the associated procedures and
protocols which it introduced against a number of
serious misgivings voiced by associations representing
care providers (see BHCR Vol 3, Issue 7, page
17 – you can access this an all other back copies at
www.brunswicks-web.co.uk).
As the issue was being published I was speaking at
an event for providers hosted by National Care Association
on mental capacity issues. During a panel
session at the end of the day, which at such events
often becomes something of an opportunity for a
range of provider related issues, of all types, to be
raised and co-incidentally with the publication of the
article a provider shared with the audience her experience.
In summary, she is a person who has been involved
in the provision of care for many years. The style of
trading was a partnership with her parents.
The partnership (much in the same was as the scenario
played out in my last article) decided to upgrade
the ‘built environment’ – the care home was a
large Victorian House which, over time, had been
extended. The partnership decided that they would
build a brand new, state of the art care home, incorporating
the latest ideas for people in need of long
term care, eco-friendly technology and the like.
As it happens, for other reasons, I recently visited the
new care home and it is superb, just the sort of home
I would want to live in should I be in need of longterm
care.
However, as part of the process of modernisation,
and no doubt to assist the bankers with the payment
covenants they required, the partners decided that
they would also up-date the trading entity, converting
from a partnership into a limited liability company,
having as its directors and shareholders only those
individuals who had previously traded in partnership.
The meeting was informed that the care provider,
again, like the scenario painted last week, had always
enjoyed reports from CSCI categorising the home as
‘excellent’. However, this simple step of changing the
trading style resulted in CSCI deciding that as the
company had no trading history and therefore no
“...sustained track record of delivering good performance
and managing improvement.” Which you now
know is a requirement in KLORA – page 4.
This is frankly nonsense.
The phrase ‘jobsworth’ and all the negative connotations
that the term implies comes to mind.
What has changed? Little. All of the participants in
the provision and delivery of care remain as they did
previously.