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Both editions are © Brunswicks LLP 2008


BHCR 2008 Vol 3 Issue 09

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

Yet again, following the pronouncements from the

National Audit Office (see item 7 in this issue) there

is a chorus of criticism aimed at GPs the basic tenor

of which is that The Department of Health

renegotiated the contract and, as a result GPs were

paid more for doing less work. This is all stuff and

nonsense.

We should remember – first, that there was a crisis

as GPs were leaving practices and were not being

replaced in the same numbers, leaving a significant

shortfall in GPs available to the general public.

Sounds like another workforce planning error—there

are plenty of those to go around in the Department of

Health (see junior doctors training!)

Second, why is it that it is the GPs who are blamed

for the incompetence of the Department of Health

which, at the time of the contract negotiation, clearly

could not have negotiated itself out of a paper bag!

It is facile to blame GPs. Who amongst us would

reject an offer from an employer of 60% increase in

pay for a little less work?

It is the DoH which should be pilloried for not

securing better value. It is not the medical

profession’s fault that fools were sent to by DoH to

negotiate.

I would be more impressed by this feigned shock by

Ministers and others if Ministers and senior civil

servants in the department had resigned. However,

accepting responsibility and accepting the

consequences – what we used to term ‘falling on

your sword’ – and this Government have become

complete strangers.

 

Abuse

1. How police and care staff failed the baby

killed by his father

1 March 2008 - Daily Mail

Item about an inquiry by Suffolk Safeguarding Children

Board which found that social workers failed to

act in to act in circumstances which should have

aroused suspicions

2. Why it could happen again

26 February 2008 - Daily Mail

Demerious Panton writes movingly of the abuse he

suffered in one of Islington’s children’s homes during

the 1980s and 1990s. He campaigned and complained.

No one listened until there was a three year

campaign by the London Evening Standard.

It was discovered that all of Islington’s 12 children’s

homes were run by or included staff who were paedophiles,

child pornographers and pimps.

3. ‘Culture of concealment’ divides Jersey as

abuse scandal grows

2 March 2008 - The Sunday Times

Jersey child sex victim says: I was threatened

2 March 2008 - The Mail on Sunday

I have known about Jersey paedophiles for

15 years...I had so not wanted to be right

2 March 2008 - The Mail on Sunday

Two and a half pages written by Eileen Fairweather

who won awards for the uncovering of abuse in Islington

Councils children’s homes. An investigation

which saw her smeared by Margaret Hodge, then

leader of the council.

4. Jersey abuse victims receive ‘threats’ from

former carers

1 March 2008 - The Times

Inside the chamber of horrors

1 March 2008 - Daily Mail

‘More remains’ in secret chamber at care

home

28 February 2008 - The Times

Former residents break silence with claims

of drugging, rape and torture

27 February 2008 - The Times

‘Cruel, sadistic and evil’ place

Ex-minister: I can prove child abuse

27 February 2008 - Metro

Quirky, independent and proud, the isle of

secrets and whispers

26 February 2008

Does ‘Colditz’ cellar hide a mass grave?

26 February 2008 - Daily Mail

Hunt for bodies at Jersey children’s home is

extended to six more sites

25 February 2008 - The Times

Children's home was 'like prison'

25 February 2008 – BBC News

The story of the shocking levels of abuse and possibly

murder at the Haut de la Garenne children’s home

on the Channel Island of Jersey continued to unfold

under the gaze of the world’s press and media.

With scenes of crimes officers making a painstaking

search of the home and its underground cellars.

There are almost 200 who have come forward claiming

to be victims and 40 people identified as suspects.

For BBC report click here

Business News

5. The UK’s 100 best small companies to

work for

2 March 2008 - The Sunday Times

The list includes a number of care related businesses.

In order and the placing is set out below,

together with the business description.

26 Castleoak, care home construction

61 St. Wilfrid’s Hospice, hospice

73 Norcare, supported housing charity

85 Solvey Healthcare, pharmaceutical sales

94 St. David’s Foundation Hospice Care, hospice

6. Private equity groups buzz around Busy

Bees nurseries

28 February 2008 - The Times

ABC Learning Centres of Australia, owner of the UK’s

biggest chain of children’s nurseries, has signalled its

intention to sell assets in order to cut debt. ABC paid

£101.2m for the businesses which have become

Busy Bees.

7. Office of National Statistics

ONS has announced that NHS spending on care from

the private and voluntary sector increased in 2006 by

15% to £5bn a year.

8. Forcing drug companies to publish negative

trial results ‘is against law’

27 February 2008 - The Times

Following the publication of results that showed that

placebos had the same effect as anti depressant

medication on people suffering mild to moderate depression

there were calls for pharmaceutical companies

to publish all data on medication trials – a preelection

pledge. However, although it is a criminal

offence to withhold information about safety issues

and adverse reactions the DoH has said it would be

unlawful under EU law to try to force pharma companies

to publish all data relating to clinical trials.

Care Homes

9. Care homes ready to refuse new residents

25 February 2008 – Northampton Chronicle &

Echo

Northamptonshire care homes say they won’t be

able to accept council-funded residents after the end

of this financial year unless more money is paid to

care for them.

Therefore, only a minority of homes will accept residents

from April 1, amid claims the rate of payment

by Northamptonshire County Council will lead to care

homes going bust.

For full report go to http://www.northamptonchron.co.uk/

news/Care-homes-ready-to-refuse.3809608.jp

10. Care homes and the wider economy

February 2008 - Healthcare Business

Jon Chapman of Pinders considers the issues of sub

prime and other external economic factors and

whether they will impact care homes. His conclusion,

no crash for the sector.

11. No duty of care owed by CSCI to care

home operators for home closure

February 2008 - Healthcare Business

A look at the Court of Appeal decision in Jain V Trent

Strategic Health Authority which held, by majority,

that care home regulators do not owe a duty of care

to care providers when they apply for urgent cancellation.

In Jain there was massive incompetence during the

cancellation process – evidence was there was no

basis at all for cancellation, let alone urgent cancellation.

The Jain’s were ruined. The case may yet

reach higher courts.

12. Falls from windows in care homes

February 2008 - Healthcare Business

Keith Lewin looks at the issue of health and safety

legislation and Corporate Manslaughter and Corporate

Homicide Act 2007 in relation to deaths following

falls from windows. There have been a number of

recent prosecutions of NHS Trusts for such events –

resulting in large fines. The current going rate seems

to be £20,000.

Case Reports

Law Reports

13. Welsh Ministers v Care Standards Tribunal

and H

The High Court held that whilst the application for

registration of an individual as manager had to be

related to a specific establishment/agency it was not

necessarily the case that an appeal against refusal to

register should be struck out by the Care Standards

Tribunal where the premises had ceased to be available.

Disciplinary cases

Nothing to report

Cases in the news

14. Nurse 'gave out wrong drugs' at Maypole

nursing home

28 February 2008 – Birmingham Mail

Mary Casey, currently accused of misconduct at a

Birmingham residential home where 27 people died in

a year said she had wrongly recorded giving out

drugs because she had earlier found out her husband

had nine months to live. She admitted that the news

probably made her “unfit to practice”.

For full report go to http://www.birminghammail.net/news/

birmingham-news/2008/02/28/nurse-gave-out-wrong-drugs-atmaypole-

nursing-home-97319-20535276/

15. Care worker denies patient's rape

28 February 2008 – BBC News

Gareth Jones, 22, of Powys has appeared in court

accused of raping a woman at a nursing home. The

care worker pleased not guilty at Cardiff Crown Court

to rape and also to wounding with intent and unlawful

wounding against the woman.

The trial will commence in June.

For full report click here

16. Lost case dentist's £80,000 bill

26 February 2008 – BBC News

Dentist braced for NHS court bid

25 February 2008 – BBC News

Eddie Crouch, a Birmingham dentist was set for a

High Court challenge against NHS dental contracts.

He said the contracts that came into force in April

2006 are inadequate and waiting lists had

dramatically” increased.

If Mr Crouch was successful it might have lead to a

big overhaul of dental services in England and

Wales. He has spent two years fighting the case.

He now faces a bill of £80,000 after losing his bid

For full report click here

For 2nd report click here

Children

Nothing to report

Conferences & Courses

17. 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

18. Capita’s 4th National

Data Sharing Across the Public Sector Conference

Practical Strategies for Success

Thursday 13th March 2008 – Central London

19. 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.

20. 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 two courses will take

place as follows:

Bath Racecourse, Bath on Tuesday 18th March

2008 – 12.30pm - 5.00pm

Leeds University, Leeds on Wednesday 26th March

2008 – 12.30pm - 5.00pm

For further information please click on the link

21. Capita’s 3rd National

Early Intervention for Families At-Risk Conference

Tackling Exclusion and Supporting Change

Friday 28th March 2008 – Central London

Please note that we are now taking bookings on this

popular event, which is CPD Certified and supported

by the NCH and the Children’s Workforce Development

Council. 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 Children’s and Adult Social Work, Family

Intervention, Social Inclusion and Safeguarding Children,

so that all stakeholders are given the opportunity

to attend this important event.

Please click here for further details of this conference.

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.

Chaired by Angela Sibson, Chief Executive Officer,

National Academy of Parenting Practitioners, our

expert speakers include:

Gill Strachan, Assistant Director, Families Group,

DCSF

Graham Robb, Interim Chair, Youth Justice Board

Hilary Ellam, National Development Manager for

Integrated Working, Children’s Workforce Development

Council

Leandra Box, Strengthening Families, Strengthening

Communities Programme Director, Race Equality

Foundation

The Think Family report, published by the Social

Exclusion Task Force in January 2008, has launched

a comprehensive Early Intervention strategy uniting

services for children, young people, parents and families

to improve outcomes for all.

Attend this event to gain valuable ideas and help parents

in your communities realise and even raise their

expectations of themselves and their children. Benefit

from the opportunity to network with other stakeholders

who share your commitment to delivering an

holistic birth to adult inclusion programme.

Benefits of Attending:

Hear a clear overview of cross-Government strategy

on promoting strong family and community relationships

Discover how parenting support programmes can be

used as an effective Early Intervention tool to redress

entrenched inter-generational problems and increase

uptake of vital public services

Attend dedicated streamed sessions with experts in

your field

Places can be booked on this event 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.

22. 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

23. Capita’s Bi-Annual Conference

The Future of the Adult Social Care Workforce

Monday 28th April 2008 – Central London

Please note that we are now taking bookings on this

event, which is CPD Certified and supported by the

General Social Care Council and the Social Care

Institute for Excellence. 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 HR/Personnel, Adult Social Care

Management, Recruitment and Workforce Development,

so that all stakeholders have a chance to attend

this timely event.

Please click here to download a copy of the conference

brochure in pdf format, which includes a full list

of speakers, an agenda for the day and a booking

form. 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.

Chaired by Anne Williams, Immediate Past President,

Association of Directors of Adult Social Services

(ADASS), our expert speakers include:

David Behan, Director General for Social Care,

Department of Health

Mike Wardle, Chief Executive, General Social

Care Council

Elaine Cass, Practice Development Manager,

Social Care Institute for Excellence

Patricia Kearney, Director of Practice Development,

Social Care Institute for Excellence

Dr Philippa Russell, Chair, Standing Commission

on Carers

John Dermody, Head of Adult Social Care

(Commissioning), Borough of Poole

This timely and important event will enable you to

keep pace with the rapidly changing landscape of

adult social care. It is designed to keep you informed

of progress, and includes advice and guidance from

high-achieving authorities on ensuring excellent provision

for all adults in your area. Take away the

knowledge to make your workforce a model of best

practice.

Benefits of attending include:

Get a crucial update on the Green Paper on social

care funding and discuss the future of the

adult social care workforce

Hear about progress on regulation, registration

and workforce development

Learn how to improve recruitment and retention

in your area

Consider the challenges and opportunities of the

personalisation agenda, the way forward

for self care and Individual Budgets

Understand how the new National Minimum

Data Set information gathering will ultimately

affect local workforce development

Take away advice, guidance and best practice

examples on consulting service users and

workforce solutions that have led to real

change and improvement in service provision

Places can be booked on this event 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.

We offer discounts for Block Bookings of 3 delegates

or more, please call me direct on 0207 808

5309 for more details.

THE BOOKING REFERENCE CODE IS TSDE. YOU

MUST QUOTE THIS WHEN BOOKING.

24. Department of Health Seminar on Mental

Health Commissioning: 7 May 2008

This letter gives advance notice of a one-day seminar

on 7 May 2008 at the Victoria Park Plaza Hotel in

London, focusing on world-class commissioning, integrated

mental health commissioning and mental

health priorities.

For full report click here

25. SHOWUCARE Event

There is a SHOWUCARE event being held in Tonbridge

on the 15th May.

This event is aimed at managers and operators of

care homes and agencies together with associated

care professionals based in the South East of England.

With no other event being held in the South

East SHOWUCARE TONBRIDGE offers an excellent

opportunity to meet face to face with decision makers

of some of the 6000 care services in the region.

The opportunity exists for companies to join the growing

list of market leaders exhibiting at the event. Companies

such as Boots The Chemist, Lloyds TSB, Capita

Care, CFS Carpets, Cool Blue and Training and

Care Solutions are already sign up to the show. The

state of the art River Centre will host the event and

the quality business environment aids prestige to the

showcasing of products and services.

As a key player in the sector we thought that some of

you might be interested in joining us for the event.

Further details including a tour of the venue can be

found on www.showucare.org

Consultations

To follow next week

CSCI, CSSIW, Healthcare

Commission &

Scottish Care Commission

26. Dame Denise Platt wins Public Servant of

the Year 2008

28 February 2008 – CSCI

CSCI Chair, Dame Denise Platt has been named

Public Servant of the Year in the Dods and Scottish

Widows Women in Public Life Awards for 2008.

The Awards celebrate women leaders in society, and

recognises and promotes the work of women in politics,

business, the civil service and community leadership.

For full report click here

27. Criticism over county social care

28 February 2008 – BBC News

A draft report by CSCI reveals that more needs to be

done for the protection of vulnerable adults in Cornwall.

The report followed an abuse scandal at Budock

Hospital and the murder of Steven Hoskin in

2006.

CSCI said while Cornwall County Council had made

some improvements, there remained a number of

areas of concern, including assessments of need,

the council has refused to comment on the findings.

For full report click here

28. Healthcare Commission issues improvement

notice to Ipswich Hospitals NHS Trust

over decontamination equipment

27 February 2008 – Healthcare Commission

The Healthcare Commission has issued an improvement

notice to the Ipswich Hospital NHS Trust, requiring

it to make changes to its infection control

practices.

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

n e w s a n d e v e n t s / p r e s s r e l e a s e s . c f m ?

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29. Consultation - Single Equality & Diversity

Scheme

26 February 2008 – SCRC

The Scottish Care Commission has drafted a Single

Equality & Diversity Scheme and would appreciate

your views and comments on the Scheme by taking

their online survey.

For full report click here

30. Guidance on Overnight Stays for Looked

After and Accommodated Children

26 February 2008 – SCRC

The Scottish Government has published guidance on

overnight stays for children in care as part of implementing

Getting it Right for Every Child in kinship and

foster care and their commitments to supporting

every looked after and accommodated child.

For full report click here

31. Over regulated, under-rated?

February 2008 - Healthcare Business

Sheila Scott, CEO of NCA, asks has any sector had

three regulators in six years?

Ed. I have news for Sheila, it will be four:

Local authorities

National Care Standards Commission

Commission for Social Care Inspection

Care Quality Commission (proposed)

Education

32. New in-house Academy

February 2008 - Healthcare Business

A new UK-wide training organisation has been

launched, The Care Training and Skills Academy, to

deliver the full range of mandatory and nonmandatory

training and skills.

Free information and DVD available 0845 643 2643

or at www.ctsa-franchise.co.uk

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

33. Student's Tests Blast MRSA Bug

1 March 2008 – Evening Times

Two Glasgow students are trying to help Scots hospitals

win their battle against the deadly MRSA superbug.

In a pioneering project in Scotland, Jennifer Quern

and Scott Tsuro have proved that a commonly used

hospital antiseptic disinfectant is effective against

known strains of the bug.

The pair are testing the disinfectant, which is not currently

used to tackle MRSA, on a range of lesser

known but equally dangerous hospital-acquired infections.

Their final findings will be fed back to infection control

specialists in the NHS to help shape future control

procedures in hospitals.

34. Former health chiefs lied to MSPs

29 February 2008 – BBC News

According to evidence uncovered by BBC Scotland,

two former members of Western Isles NHS board

were found to have lied to the Scottish Parliament's

audit committee. The individuals were asked by

MSPs whether they had seen a report into serious

failings in financial reporting. Both said that they had

not. However, other Board members have since

confirmed that both men attended a specially convened

meeting to discuss the report.

For full report click here

35. Elderly care shake-up to save city £26m .

. and cost 750 jobs

28 February 2008 – Scottish Care

The council is planning to use a "re-ablement" programme,

originally piloted in Scandinavia which

would shake up home care of the elderly and infirm to

save the city council £26 million but cost 750 jobs.

The scheme has also proved popular in England.

Elderly people leaving hospital will be given six

weeks of intensive support to get them as near to

self-sufficiency as they can get.

For full report click here

36. Under threat A&E units retained

27 February 2008 – BBC News

The Government has announced that the casualty

units in Ayrshire and Lanarkshire will be retained and

expanded.

Health Secretary Nicola Sturgeon told Parliament she

had accepted health board plans for retaining the

units. A previous decision to close them initiated a

huge storm of protest from local residents and

groups.

For full report click here

37. Waiting lists at 'all-time low'

26 February 2008 – BBC News

Health Secretary, Nicola Sturgeon has announced an

all-new low in waiting lists for hospital treatment in

Scotland.

Ms Sturgeon said the new NHS statistics, which

showed patients were being treated more quickly

than ever before, was a "tremendous achievement".

For full report click here

38. NHS Experts Oppose Plan To Centralise

Care

25 February 2008 – The Herald

A panel of experts has rejected a plan to centralise

care, which means that brain surgery services are to

be kept in hospitals across Scotland.

The case for cutting the number of units, which

threatened the status of several high-profile hospitals,

was overturned with the publication of the official report

into the proposal.

The review for the Scottish Government gave another

blow to the centralising agenda within the NHS.

Wales

39. Hospital parking 'a tax on sick'

27 February 2008 – BBC News

The British Medical Association (BMA) is claiming

that hospital car park charges are “a tax on the sick”

and is demanding they be scrapped altogether.

Welsh Assembly Government figures show that NHS

trusts took £5.4m last year, but the figure does not

include private firms running car parks on their behalf.

Hospitals say money is needed to cover maintenance

and security and any surplus goes to patient care.

For full report click here

Learning Disabilities

40. Should we use plastic surgery to make

our Down’s daughter beautiful like us?

We’re having to cope with ignorance something

that we were guilty of, too

2 March 2008 – The Mail on Sunday

In this three page article the Kirwin family, which includes

a world renowned plastic surgeon, set out

some of their prejudices following the birth of their

daughter who has Down’s syndrome. They have

raised for themselves the dilemma of whether their

daughter should, after the age of 18 yrs, undergo

cosmetic surgery.

Legislation Update

41. No. 462 The European Qualifications

(Health and Social Care Professions)

(Amendment) Regulations 2008

28 February 2008 – OPSI

For full legislation click here

42. Health (Miscellaneous Provisions) Act

(Northern Ireland) 2008 c.2

27 February 2008

For full legislation click here

43. No. 57 (C.7)The Vulnerable Witnesses

(Scotland) Act 2004 (Commencement No. 7,

Savings and Transitional Provisions) Order

2008

27 February 2008 – OPSI

For full legislation click here

44. No. 60 The National Health Service

(Clinical Negligence and Other Risks Indemnity

Scheme) (Scotland) Amendment Regulations

2008

27 February 2008 – OPSI

For full legislation click here

45. No. 49 (C.6) The Adult Support and Protection

(Scotland) Act 2007 (Commencement

No. 2 and Transitional Provisions) Order

2008

26 February 2008 – OPSI

For full legislation click here

46. No. 50 The Adult Support and Protection

(Scotland) Act 2007 (Adults with Incapacity)

(Consequential Provisions) Order 2008

26 February 2008 – OPSI

For full legislation click here

47. No. 51 The Adults with Incapacity

(Accounts and Funds) (Scotland) Regulations

2008

26 February 2008 – OPSI

For full legislation click here

48. No. 52 The Adults with Incapacity (Public

Guardian’s Fees) (Scotland) Regulations

2008

26 February 2008 – OPSI

For full legislation click here

49. No. 53 The Adults with Incapacity (Recall

of Guardians' Powers) (Scotland) Amendment

Regulations 2008

26 February 2008 – OPSI

For full legislation click here

50. No. 55 The Adults with Incapacity

(Reports in Relation to Guardianship and Intervention

Orders) (Scotland) Amendment

Regulations 2008

26 February 2008 – OPSI

For full legislation click here

51. No. 56 The Adults with Incapacity

(Certificates in Relation to Powers of Attorney)

(Scotland) Regulations 2008

26 February 2008 – OPSI

For full legislation click here

Mental Health

52. Elderly mental health beds moving

28 February 2008 – BBC News

Great Yarmouth and Waveney Primary Care Trust

has announced it will shut two wards it calls “unfit” to

transfer 26 beds. The beds will be those patients with

dementia or depression and will be to Carlton Court

near Lowesoft in Suffolk.

The Trust also plans to deliver more health services

at home, which will save £1.2m.

For full report click here

53. Deep clean on mental health units

25 February 2008 – BBC News

The Department of Health has given a grant of

£440,000 to pay for a “deep clean” at mental health

units in Lincoln. Vents, radiators, walls and carpets

will be cleaned at the wards run by the Lincolnshire

Partnership NHS Trust. The cleaning programme is

expected to be finished by July.

For full report click here

Miscellaneous

55. Doctor training row

29 February 2008 - The Times

The Government’s response to the inquiry into medical

training by offering to create just 300 extra training

places has angered junior doctors.

56. GP contract 'a bad deal for NHS'

28 February 2008 – BBC News

A report by the National Audit Office has found that

productivity has fallen, despite the new GP contract

in England costing the Government £1.76bn more

than predicted in its first three years.

The spending watchdog said that primary care trusts

had not used powers to force better access for patients

but a health minister reiterated that the contract

had helped stem a "haemorrhage" of GPs from

the NHS.

For full report click here

57. NHS dentist access 'gets harder'

28 February 2008 – BBC News

New figures released by the NHS Information Centre

shows that the government's reforms of NHS dentist

care in England do not seem to have improved access.

Over 500,000 fewer patients were seen in the last

two years, compared to the 24 months before the

introduction of a new contract in 2006.

For full report click here

58. Response to the independent inquiry into

modernising medical careers

28 February 2008 – DoH

The Secretary of State for Health’s response to the

recommendations of the independent inquiry into

modernising medical careers. Many recommendations

have been met with a direct response; whereas

others are substantial and require further work to develop

them ahead of implementation.

For full report click here

59. Veteran wins fight for NHS sight treatment

28 February 2008 – The Daily Telegraph

War veteran, Jack Tagg has won his battle for NHS

treatment for his failing eyesight.

He has now pledged to continue the fight for other

people. He put his house on the market to fund his

treatment because his local health trust said he did

not meet the NHS criteria for treating his age-related

macular degeneration.

For previous report see BHCR Vol 3, Issue 8 - item 60

60. NHS contracts ‘rubbish’

26 February 2008 - Metro

Mr Justice Collins sitting in the High Court described

the regulations imposed by the NHS on dentists as

‘rubbish’ and that understanding them was like

“...going through a marsh, trying to leap from tussock

to tussock...”

61. The pressure of double standards?

February 2008 - Healthcare Business

Martin Green, CEO of ECCA, compares and contrasts

the double standard of do as I say, not as I do

exemplified by government in its double standards of

requiring mortals to meet deadlines while they are

allowed to sidestep the consequences.

62. New technology for Southern Cross

February 2008 - Healthcare Business

CareBlox CheckIT is being introduced into all Southern

Cross care homes; it is a hand-held device which

uses bar code scanning to allow staff to quickly record

night checks including info about service users,

their location, bed position, fluid intake, medication

and so on.

More info www.CareBlox.com

63. Reduce, Remove, Resolve

February 2008 - Healthcare Business

Tom Welland of Fireco looks at issues of managing

fire precautions.

64. Coping with 2008

February 2008 - Healthcare Business

Insurance expert David Waters looks at the challenges

facing the sector from an insurers perspective

and introduces a new insurance product for care providers.

65. Cash and the healthcare business – part 3

February 2008 - Healthcare Business

Bob Gorton of HARD Hat Corporate Finance identifies

potential sources of finance for care businesses.

NHS

66. Johnson wants 'personalised' NHS

2 March 2008 – BBC News

Health Secretary, Alan Johnson looks set to outline

plans to turn the English NHS into a more

“personalised” service. He is expected to tell Labour’s

spring conference in Birmingham that the days

of a “one-size-fits-all” NHS are over and people

should be given more choice.

He will also repeat his pledge for GPs to open at

weekends and evenings.

For full report click here

67. Foreign GPs flown in for one in ten areas

1 March 2008 - The Times

PCTs have spent more than £1m on flying foreign

doctors to the UK to cover the out of hours care.

68. Hospitals ask Poles to fill locum shifts as

reforms worsen shortage

1 March 2008 - The Times

Hospitals are seeking locum doctors for emergency

shifts from overseas.

69. NHS facing locum doctor shortage

29 March 2008 – BBC News

A leaked Government memo shows that the NHS in

England is facing problems recruiting locum hospital

doctors.

The document was obtained by the Health Service

Journal, and it stated that some trusts were even

having difficulties getting applicants to attend interviews.

Apparently the problem is caused by changes in junior

doctor training as young medics are generally

used to fill the locum posts.

For full report click here

70. Huge rise in number of superbug deaths

29 February 2008 - The Times

The number of death certificates mentioning C. difficile

increased in the year 2005-06 by 72% to

6,480. C. Diff. caused 55,000 infections last

year. Deaths involving MRSA remained steady.

71. Health plans will mean cuts, Osborne

says

29 February 2008 - The Times

Andrew Lansley MP, Shadow Health Secretary, said

that health spending was bound to rise as a proportion

of GDP, possibly 11% if one accepted the

Wanlass predictions. George Osborne MP, Shadow

Chancellor, acknowledged that other public services

would have to be cut in order to fund health spending

under a conservative government.

72. Contract was a windfall for GPs but ‘not a

good deal for patients’

28 February 2008 - The Times

The National Audit Office has delivered its verdict on

the ‘new’ GP contract and pronounced that it did not

represent good value. There were some positives,

the loss of GPs was reversed and patients’ time with

their GP increased by 50% to 12 minutes.

73. Tories predict rising NHS spend

28 February 2008 – BBC News

The Conservatives have declared their commitment

to a real terms increase in health spending over the

next few decades. Senior party figures denied they

were tied to huge unfunded spending commitments.

For full report click here

74. NHS care pleas after peer's death

28 February 2008 – BBC News

Shadow Commons leader, Theresa May has raised

concerns about the NHS care of a disabled hereditary

peer who died in a Berkshire hospital. The claims will

be referred to the Health Secretary.

For full report click here

75. Dramatic rise in C. diff deaths

28 February 2008 – BBC News

Figures released by the Office for National Statistics

show that the number of deaths linked to hospital bug

Clostridium difficile has risen dramatically in England

and Wales.

Between 2005 and 2006 the number of death certificates

which mentioned the infection rose by 72% to

6,480, most of whom were elderly people, and in over

half the cases, it was listed as the underlying cause of

death.

For full report click here

76. Prescription charge review call

27 February 2008 – BBC News

The Citizens Advice Bureau is calling for prescriptions

charges in England to be reviewed as thousands of

people are not collecting medicines because of cost.

A poll of 880 people revealed that 2% were put off by

the price - a total of 800,000 if the proportion were

repeated across the whole of England.

Wales has already introduced free prescriptions while

Scotland has promised to follow its lead. Ministers in

England are still refusing to drop the £6.85 charge.

For full report click here

77. Tories seek to set the spending pace on

NHS spending

27 February 2008 - The Times

Andrew Lansley MP said that there would be an increase

in spending on the NHS under a Conservative

government.

78. Break-even for debt-hit NHS trust

26 February 2008 – BBC News

Scarborough and North East Yorkshire Trust look set

to break even for the first time in years. The trust still

has £20m in historic debt but the Department for

Health agreed last year that it would be put to one

side to allow the trust to tackle its annual budget.

For full report click here

79. Calls for new hospital 'ignored'

26 February 2008 – BBC News

Hosham MP, Francis Maude has accused health

bosses of ignoring thousands of people in West Sussex

who were hoping for a new hospital after a

healthcare review.

The MP appealed to West Sussex Primary Care

Trust (PCT) to look again at the decision to rule out a

new hospital in the Horsham area.

For full report click here

80. No faith in foundations?

26 February. 2008 - The Times, Public Agenda

The tension between the DoH and Foundation Trusts

which are supposed to be free from Whitehall control

is surfacing. Sue Slipman, director of Foundation

Trusts Network has said that the regulator, Monitor,

is at risk of becoming little more than a “conveyor

belt” for DoH policies. Bill Moyes, exec chairman of

Monitor, foundation trusts of his unease at the

“directive” and “instructive” tone of correspondence

from the DoH to foundation trusts.

81. NHS trust defends 150% pay rise

26 February 2008 – BBC News

A hospital trust has defended its decision to award its

three-day-a-week chairman, Russell Hart, a 150%

pay rise.

His salary will be boosted from £20,000 to £50,000

after a meeting of the governors North Tees and Hartlepool

NHS Foundation Trust. The Trust's chief executive

said the increase was "appropriate" after the

trust was granted foundation status.

For full report click here

Nursing

82. Nurses: we do seduce patients

2 March 2008 - The Sunday Times

Item which says Nursing Times reports 10% of

nurses think starting a relationship with a patient is

acceptable. Nurses could be struck off the register

for starting such relationships – the Council for

Healthcare Regulatory Excellence issued new guidance

in January 2008 reminding nurses of the possible

consequences of having sexual relationships with

patients and former patients.

For the earlier story, see BHCR Vol 3, Issue 4 item 43.

83. Nurses denounced as dirty, lazy drunks

1 March 2008 - The Times

Grubby, drunken, promiscuous and

lazy...what a Conservative peer branded his

NHS nurses

29 February 2008 - BBC Radio 4, Today

1 March 2008 - Daily Mail

Anger over 'grubby nurses' slur

29 February 2008 – BBC News

'Grubby' nurses slammed by peer

28 February 2008 – BBC News

Tory peer Lord Mancroft delivered a scathing attack

on some nurses in the NHS based on observations

during his treatment last year in Royal United Hospital,

Bath. He was anxious to point out that there were

some very good nurses too.

For BBC report click here

For 2nd BBC report click here

Older People

84. End of life strategy must ensure dignity

says Help the Aged

27 February 2008 – NCF

Marie Curie Cancer Care is calling for another £2m a

year to help it extend a scheme which has more than

doubled the number of people spending their last

days at home.

Paul Cann, Director of Policy and External Relations

at Help the Aged said:

"Help the Aged believe that wherever you die, you

should be able to do so with dignity.

"We have long campaigned for older people to be

allowed to make informed choices about

their own end-of-life care, and location of death is

central to this.”

"The government's forthcoming end-of-life strategy

must ensure that the final period of

life, wherever it is spent, is not marred by poor support

and a lack of dignity.”

"Although everyone in the UK is entitled to to free palliative

care at home, services across the

UK are patchy at best.”

For full report click here

85. Elderly care 'set to deteriorate'

26 February 2008 – BBC News

Age Concern: Sure Start for older people has

stalled

26 February 2008 – Community Care

Age Concern England has expressed its fears that

elderly care services could go from “bad to worse”

unless the Government takes steps to overhaul the

system and provide more money.

The charity said that despite the government's positive

vision for social care, it had yet to "fully grasp the

nettle" of the problem of care for the elderly.

The government has pledged an extra £520m over

the next three years.

For BBC report click here

For CC report click here

86. Builders bemoan ‘age-friendly’ housing

26 February 2008 - Financial Times

All new homes must be elderly friendly

26 February 2008 - Daily Mail

The Government has loftily announced that by 2011

all new homes will have to meet 16 specifications to

meet needs of an aging population. Builders have

said that the extra cost of compliance will impede the

Government’s target of building 3m new homes by

2020.

Ed. Clearly this is part of the Government’s plan

of keeping people in their own home as they

age. However, as an ‘innocent’ looking at the

Emperor I say he is naked as the day he was

born – How will it be possible to enable huge

numbers of people, perhaps the majority of older

people to have a good quality of life living at

home, suffering ill-health, infirmity, dementia and

so on, more cheaply than living in care homes?

87. Depravation of liberty safeguards – a new

regulatory framework for care homes

February 2008 - Healthcare Business

Stuart Marchant looks at some of the issues which

will arise under the Deprivation of Liberty Safeguards

soon to be introduced by the DoH.

88. New homes 'must cater for ageing'

25 February 2008 – BBC News

Under new plans being revealed by the Government,

every new home built in England will have to be designed

to suit an ageing population, to include 16 features

such as stairs wide enough for stairlifts, downstairs

bathrooms, and room for wheelchairs to turn.

For full report click here

Social Care

89. Innovators in social care

29 February 2008 – NCF

A look at a ‘Dragon’s Den’ day for social care outfits

bidding for £150,000 to take away and implement

their innovative ideas.

For full report click here

90. Skills for Care conference debates personalisation

29 February 2008 – NCF

Delegates at the Skills for Care national conference

hosted a heated debate on how a social care sector

delivering greater personalised care might look.

For full report click here

91. Skills for Care backs national social care

Apprenticeship Week

25 February 2008 – NCF

Skills for Care has announced its backing for national

social care Apprenticeship Week launched today as

completion rates for young apprentices in the sector

soar.

For full report click here

Staff, employment and

disciplinary

92. £10,000 fines for employing illegal migrant

without check

29 February 2008 - The Times

Highly skilled migrants from outside the EU will have

to meet a new points based system being introduced

by the Home Office. However, from 29.02.08 employers

who hire illegal immigrants face fines of

£10,000 and unlimited fines if the employer acts

knowingly, and even imprisonment.

The state - a hypocritical

parent?

“Do as I say!” is often the cry of an exasperated

parent desperately trying to curb the behaviour

of an errant child. The advice or instruction will no

doubt have been provided from the best of motives.

In the family context though, such injunctions can

rarely be administered without challenge particularly

if the children are above the toddler stage. Assuming

the child is beyond the “why” and grunt stages

there is nothing worse for the parent than the child

pointing out any apparent hypocrisy.

In my childhood my father would often tell us tales of

his teenage jolly japes and the scrapes he got into

whilst at the same time imposing very tight restrictions

on me and my brothers’ freedoms. My father

seemed to go through many rites of passage including

tying two adjacent front doors together and then

knocking on both of them to see the neighbours

struggling to open them. How they must have

laughed in Castletown! He was also into shooting

seagulls and painting the handles of a tradesman’s

handcart with non-drying paint. My wife’s family has

the story of her grandfather as a child stalking the

outside toilets of his street clasping nettles which he

would thrust under the door of the privy into the exposed

flesh of the hapless incumbent.

Now today of course this sort of behaviour would

bring all manner of responses including Asbos, reprimands,

cautions, prosecutions and the dreaded

parenting classes. I’m not saying this isn’t appropriate,

as one of the major differences between now

and previous generations is that our parents and

grandparents grew up and didn’t repeat the offending

behaviour as they graduated into the world of work.

However, I do believe that the approach taken by the

state in regulating business all too often smacks of

the hypocritical parent – and a parent that remembers,

or perhaps would rather forget - the offences it

committed years before. That said, in my view the

hypocrisy extends to a failure to comply with the law

and regulations which the state imposes on the private

sector.

Let’s remember the abuses, scandals and calumnies

committed on the watch of and under the eyes of the

state in its children’s’ homes, its care homes as recently

as the 1970s and 80s, all too recently in the

news following the revelations at Haut de la Garenne,

Jersey. And then there was the too long pervasive

Crown Immunity that protected the NHS from complying

with basic health and safety law until the 1990s.

We now also have the ticking time-bomb of equal pay

undercutting local authorities.

So, who would have thought it that the chain of wellintentioned

legislation that started in the 1970s with

the Equal Pay Act would end up seriously undermining

local government – and in particular the remaining

care homes run by them. The idea of men and

women being paid the same, for the same job was

relatively quickly accepted, although not without protest.

What has taken far longer to understand and to

apply is the principle of equivalency between different

jobs, where each of the job types were traditionally

undertaken by one gender or the other – for example,

what in my day were called ‘school dinner ladies’ –

each job being paid the same as that for a different

job classified as equivalent work.

Local authorities have been hoisted by the petard of

comparing refuse collectors with care workers, cleaners

with refuse collectors. Almost without exception

the better paid work were jobs traditionally undertaken

by men, but now Town Halls up and down the

country are having to introduce revised pay arrangements

to ensure that each gender is treated the same

for equivalent work. The trade unions would like this

pay movement to be upwards only – bringing

‘women’s’ pay up to that of ‘men’s’ but that simply

cannot be afforded. So our local government mandarins

are attempting to cut the pay for some of the

male unskilled workforce whilst offering women less

than they had hoped for. Unsurprisingly we are heading

for strikes and industrial action.

For local government this is bad enough – but when

you add to this the compounding effect of countless

women bringing claims for being under paid for years

the bill for local government to rectify its failure to implement

equal pay law properly runs into billions of

pounds.

As a tax payer I resent the prospect of having to pay

more in my taxes to remedy the wrongs caused by

incompetence at local and national government. Why

didn’t the Government step in years ago and get local

government to pay its staff appropriately – but then

Andrew Dawson

government hasn’t got itself in order either. Why didn’t

Town Hall bosses understand that people should

be paid the same for equivalent work? I have some

sympathy for the bosses running local authority care

homes – why would they think about the equivalent

jobs of refuse collection and highways maintenance?

But what are the HR departments and Chief Executives

of councils up and down the land paid to do?

So where do I end up with all this? To my mind, irrespective

of political ideology, the state in all its guises

simply isn’t up to the task of running businesses and

services directly. Service delivery is far better done

by the private sector and in some cases bought and

paid for, or enabled by the state. I have always been

impressed by the fact that when the British Empire

was at its height and we were on the teeth of war in

1914 the civil service numbered only 280,000.

How about less meddling and more enabling?

To discuss anything arising from this article or

any of the matters touched upon contact Andrew

Dawson at andrew.dawson@brunswicks.eu or

telephone him on 0870 766 8400

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