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BHCR 2008 Vol 3 Issue 11

(Click the icon to download)
© Brunswicks LLP 2008

This weeks article

Editorial

First, BHCR will not be published next week. We are

taking a break over Easter. As a consequence, this

edition includes items and stories from this week, not

just last week. The next issue will be published on

02.04.08 – so you won’t have to search for the ‘April

Fool’ item!

Because there is no BHCR next week, we report

matters beyond Sunday 16.03.08 and up to midnight

on Wednesday 19.03.08.

Parliament

18.03.08 – HoC – Health, oral questions

Parliament will end its sitting on 20.03.08 and will not

recommence until 25.03.08.

Next

Abuse

1. Jersey inquiry: man in court

18 March 2008 - The Times

Gordon Wateridge, 76, a former warden at Haut de

la Garenne, has been formally charged with assaulting

three girls under the age of 16. He appeared

before St. Helier Magistrates’ Court, the case was

adjourned for four weeks.

2. Courage to speak out about abuse

17 March 2008 - Hartlepool Mail

The number of people ‘blowing the whistle’ on those

abusing vulnerable people is increasing.

A recent report shows the number of allegations of

abuse against vulnerable people aged up to 99 in

Hartlepool has risen from 63 to 146 in 12 months.

3. Stripped of dignity during her last days

14 March 2008 - Islington Tribune

A report undertaken by Islington social services and

the borough’s Primary Care Trust, show how Mary

Quigley, 78, was stripped of her dignity at St Anne’s,

a 50-bed home in Durham Road, Finsbury Park has

been ‘leaked’ it apparently indicated institutional

abuse and falsification of records.

4. Second care home ‘torture pit’ is opened

11 March 2008 - The Times

The police investigating allegations of sexual abuse

and murder at the Jersey care home Haut de la Garenne

have ‘broken through’ to a second room believed

to be connected with the unlawful goings on at

the home. It is reported that there may be two further

rooms yet to be uncovered in the cellar complex.

5. Cabal of leading Jersey figures wreck

abuse inquiry, police say

10 March 2008 - The Times

A spokeswoman for Jersey Police said: “A small

number of police officers have left the force in various

circumstances after being accused of activities which

could be described as corrupt.

“They, and associates of theirs, including a local businessman

and a small number of politicians, have

conducted a high profile campaign aimed at discrediting

officers involved in their cases.

“This has included sending a large number of letters

including a threat to damage the home and vehicle of

one of the officers concerned.

“Following the public announcement of this inquiry a

politician connected with the child abuse debate was

approached by at least one of these former officers

and warned not to trust or co-operate with the officers

leading the inquiry.”

Business News

6. Southern Cross Healthcare Group PLC

17 March 2008

18 March 2008 - The Times

Southern Cross announced a further growth in beds,

a significant freehold sale and provides an update to

the market on the 2008/09 Local Authority fee rate

settlement in Scotland.

It has acquired the leases of three modern, purpose

built care homes, totalling 195 beds, in England, for a

nominal consideration. A brand new 62 bed purpose

built home in the Wirral has also been acquired and is

due to open next week.

Since 01.10.07 the Company has increased total registered

beds by 8.1% operating 37,080 beds in 727

care homes and provides 245 daycare places.

The Company also announces that it has divested the

freehold interest in a large care home in Harrogate for

£14.3 million at an initial yield of 5.75%, again retaining

the operating business for a nominal consideration.

7. Annual fee reviews

On 13 March 2008, the Convention of Scottish Local

Authorities (‘COSLA’) and the providers’ representative

body, Scottish Care, announced the settlement

for care home fees for 2008/09 in Scotland. The fee

rates received by Southern Cross for the 5,548 beds

it currently operates in Scotland, representing 15% of

the Southern Cross portfolio will increase by 4.38%

from 1 April 2008.

Discussions with Local Authorities in the rest of the

UK are ongoing and the Company will provide an update

on average fee increases with its interim results

in May.

8. Mapping out more contracts

14 March 2008 - York Press

Architect firm DWA of York has taken on six additional

staff in the wake of a boom in contracts to design

care homes the country.

Ed. DWA designed a number of care homes that

were award winners in the 2007 Design Awards

sponsored by Pinders.

9. Treasury puts off plan to move PFI

schemes on balance sheet

13 March 2008 - Health Service Journal

The Treasury has given the NHS a year's stay of

execution over changes to accountancy rules with

major implications for private finance initiative

schemes. The move to international financial reporting

standards was due to be implemented across the

public sector from this April.

10. Noel Plumridge on Darling's discipline

13 March 2008 - HSJ

Yesterday's Budget announcement held few surprises

for the NHS. As expected. Nowadays, the important

public finance figures are published in the

autumn, and it would have been disappointing indeed

if chancellor Alistair Darling had revisited the

NHS assumptions in last October's spending review.

11. The Staff are the Stars for Life Opportunities

Trust

Twenty organisations from third sector have received

The Best Companies 2008 star status accreditation

for their outstanding workplaces and investment in

their people.

Life Opportunities Trust is proud to have been

awarded one star status accreditation this year.

Ralph Verlander, Chief Executive of LOT said: “This

award is extra special because it recognises the hard

work we have put in to make our staff feel valued and

comfortable about expressing opinions and contributing

ideas. The organisation would not have achieved

so much without their continued commitment and

dedication to improving the support for people who

use our services.”

Ed. I believe that LOT is the only learning disability

service to win this prestigious award. Well

done to all concerned.

Care Homes

12. Counsel and Care conference to focus on

dignity in care homes

13 March 2008 – NCF

Counsel and Care is hosting a major conference to

examine ways to improve the quality of life of older

people living in care homes.

The Dignity Challenge for Care Homes: Living well

and maintaining choice and control for older people

will including talks from Ivan Lewis, Minister of State

for Social Care, on ways in which the Dignity in Care

campaign will be expanded to address the needs of

care home residents and will be chaired by Richard

Furze, Chief Executive of care home provider Friends

of the Elderly.

For full report click here

Case Reports

Law Reports

13. Casewell v Secretary of State for Work

and Pensions

Court of Appeal held that there was no error of law in

a decision of the commissioners to hold that payments

received by a husband, for care given to his

disabled wife under a scheme provided for by a local

authority, were the husband’s earnings for the purposes

of calculating his entitlement to income support.

14. R v O

The Court of Appeal held that a sentence of 20 years'

imprisonment for 13 counts of sexual offences involving

young children, including rape, was not manifestly

excessive. The case of R v Millberry (2002) indicated

that the appropriate starting point for a ‘campaign’ of

rape was 15 years, it was not a finishing point, and

the sentencing guidelines applied.

15. R (on the application of G) v Nottingham

City Council; Nottingham University Hospital

NHS Trust (interested party)

This is the case in which social workers removed a

new-born from its teenage mother without lawful authority.

The Administrative Court held, on Judicial

Review that the local authority had acted in breach of

its duties under the Children Act 1989 and the Children

(Leaving Care) (England) Regulations 2001 in

failing to produce a lawful pathway plan for a mother

who was an "eligible child". Further, by separating

the mother from her child at birth it had acted unlawfully

and breached her rights under the European

Convention on Human Rights 1950 Art.8.

16. R (on the application of Rayner) v Secretary

of State for Justice

The Court of Appeal held that in relation to a patient

detained in hospital under the Mental Health Act

1983 by the Secretary of State for the Home Department

pursuant to s.75(1) the relevant test concerning

the speed of referral to a mental health review tribunal

was whether there had been a failure to proceed

with “reasonable despatch” having regard to all the

material circumstances. The patient was adequately

protected by the Sec of States duty combined with

habeas corpus and judicial review.

17. Smith v Northamptonshire County Council

(NCC)

A carer/driver employed by NCC to collect a person

from home and take her by minibus to a day centre.

As Smith was pushing the person in a wheelchair

along a wooden ramp from the front door to

ground level Smith stepped on the edge of the ramp

which crumbled and gave way. Smith sued for her

injuries and loss. The Court of Appeal held that a

local authority was not strictly liable under the Provision

and Use of Work Equipment Regulation 1998

for a failure to maintain an access ramp to a person’s

home it was not equipment within the control of NCC.

18. T (a child) v Wakefield Metropolitan District

Council

The Court of Appeal held that on a proper construction

of the Children Act 1989 Sch.3 para.6 it does not

permit the making of a supervision order of three

years' duration from the outset. Three years' protection

could only be provided by the making of at least

two orders, the first a supervision order of 12 months'

duration and the second an order extending the first

for a further two years. The court gave guidance

concerning the practice to be followed in extending

supervision orders.

Disciplinary cases

Nothing to report

Cases in the news

Ed. Well, sort of a case, sort of in the news...

19. Mopping up slips, trips and falls across

Lincolnshire

19 March 2008 - GNN

Shattered lives could affect you - Special Health and

safety seminar in Lincoln for contract cleaning firms

A nurse slips on wet leaves that should have been

cleared and twists her ankle resulting in surgery. Six

years later in the same hospital she slips on a wet

vinyl floor which hadn't been dried falling directly onto

the same ankle. She endured over 30 operations

and eventually had to have her leg amputated. She

will never work again.

This is just one real example of the consequences of

a slip that was discussed during a Health and Safety

Executive (HSE) and Lincolnshire local authority

workshop this week at the Bentley Hotel in Lincoln.

Every 25 minutes, someone breaks or fractures

a bone at work according to the latest figures from

the Health and Safety Executive (HSE). In Lincolnshire

last year there were 589 injuries caused by

slips, trips and falls. 179 of these were serious injuries

and one person died, with a cost to the local

community of over £9 million.

HSE's 'Shattered Lives' campaign aims to highlight

the devastating consequences of simple slips, trips

and falls in the workplace.

For more information on the Shattered Lives campaign

visit http://www.hse.gov.uk/shatteredlives/

index.htm

For further information on Health and Safety in the

Cleaning Industry visit http://www.hse.gov.uk/

cleaning/index.htm

Ed. Keep your eyes peeled for similar courses in

your area. If we become aware of them we will let

you know.

20. Brain-damaged woman is first successful

case in Bristol baby scandal

14 March 2008 - The Times

Marinna Telles, 22, is reported to have secured a

seven figure compensation package for the brain

damage she suffered as a baby at Bristol Royal Infirmary

during a period when a large number of babies

died or suffered brain damage as a result of surgery.

A leaked memo suggested in September 2007 that

the NHS faced claims of £4.5 bn for alleged blunders

by doctors and midwives which have left babies with

brain damage.

21. Council rapped over woman's care

12 March 2008 – BBC News

Birmingham City Council has been rapped over its

failure to provide adequate care for a deaf woman

with learning disabilities. The ombudsman said it

failed utterly” and the care received by ‘Miss D’ over

eight years was “woefully inadequate”.

Miss D’s report said that Birmingham Adult Learning

Disability Service asked a social worker to do reviews

with her over the phone, even though Miss D is deaf.

The council apologised to Miss D and said its service

had greatly improved.

For full report click here

22. Care inquiry over 'fake' notes

11 March 2008 – BBC News

Devon County Council has started an inquiry against

1st React amid allegations of carers faking notes to

show they checked an 83-year-old whilst she was in

hospital.

Wilhelmina Dart had a stroke and was admitted to

hospital in Exmouth, and her family alleged that two

different carers wrote entries into a log book stating

they had visited her three times, which would not

have been possible.

For full report click here

Children

Nothing to report

Conferences & Courses

23. 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 course will take place as

follows:

Leeds University, Leeds on Wednesday 26th March

2008 – 12.30pm - 5.00pm

For further information please click on the link

24. 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.

25. 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

26. Capita’s 2nd National

Independent Living Conference

The Changing Landscape of Self Directed

Support

Thursday 24th April 2008 – Central London

Please note that we are now taking bookings on this

event, which is CPD Certified and supported by In

Control, the Care Services Improvement Partnership

and the Office for Disability Issues. 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 Care Management,

Direct Payments, Independent Living and Supporting

People, 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 Sue Bott, Executive Director, National

Centre for Independent Living, our expert speakers

include:

Jenny Morris, Independent Living Strategy, Office for

Disability Issues

Rita Brewis, Core Team Member and Lead for

“Staying In Control”, In Control

Steve Bailey, Regional Project Manager, Mencap

Beverly Maybury, Head of Modernisation, Adult Social

Services, Oldham Metropolitan Borough Council

Steve Strong, Individual Budget Advisor, Care Services

Improvement Partnership

Capita’s 2nd National Independent Living Conference

captures a crucial transition for public service reform.

Learn from front line practitioners and service users

about how to effectively integrate personal care

budgets, develop peer-led advocacy and achieve

the collective goal of inclusive living in your local

area.

Benefits of attending include:

Hear key content of the five year cross-Government

Independent Living Strategy, and how user-led consultation

will shape the implementation and monitoring

of its future profile

Learn the final results of the Individual Budgets

Evaluation Network and familiarise yourself with the

toolkit designed by Care Services Improvement Partnership

to support workforce reform

Get practical guidance from the pilot authorities on

how to replicate a functioning Resource Allocation

System to address localised shortfalls in provision

Find out how to effectively engage with your multiagency

partners including user-led organisations

to deliver credible improvements in standards and

choice of care

Impact on the Independent Living agenda as key

stakeholders meet to discuss future policy and legislation

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

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

Alternatively you can book online by clicking here and

using Booking Reference Code TSDE.

We also have spaces available on our 2nd National

Sheltered Housing conference, taking place on the

30th April in London and supported by ERoSH, Counsel

and Care, and the Anchor Trust. Please click

here for more details.

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.

27. 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.

28. 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

29. The HealthInvestor Annual Investing in

Primary Care Conference: “A New Vision for

Health Services and Infrastructure” will take

place on 8th May 2008 at One Great George

Street, Westminster, London.

The emphasis of today’s primary health market on

delivering ‘made to measure’ services to patients

closer to home requires the continual upgrade of

premises infrastructure and capital investment. This

conference identifies how to meet these demands by

engineering flexible premises which are designed to

embrace change, evolution and a wide range of

healthcare providers, supported by fully effective facilities

management. Expert speakers will propose

solutions to barriers to progress and development

and explore recent innovations in primary care.

Visit www.healthinvestor.co.uk for further information

and to book your place at this conference.

Alternatively, please call 0207 451 7050 or

email lukas.hall@healthinvestor.co.uk.

30. 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

31. The HealthInvestor Annual Investing in

Healthcare Conference: “Investment Opportunities

in the UK and Overseas Markets”

will take place on 11th June 2008 at One Great

George Street, Westminster, London.

This event offers a clearer understanding of the future

direction of the domestic market and an overview of

the substantial differences and common trends applicable

to the UK, US and European market. Industry

insiders will identify how developments in the US and

Europe and Eastern markets will provide UK investors

with new avenues for innovation and exciting

opportunities for revenue growth and profitability.

Delegates attending will have the opportunity to:

Identify new markets overseas and analyse key

trends

Assess rapidly changing demographic need and

to match healthcare services accordingly

Strengthen their competitive advantage through

comprehensive analysis of the dynamics of the

overseas markets.

Identify the best prospects for 2008-2009

Understand how to navigate the obstacles to

high performance

Network with potential future partners

Visit www.healthinvestor.co.uk for further information

and to book your place at this conference.

Alternatively, call 0207 451 7061 or email lukas.

hall@healthinvestor.co.uk or carolyn.

spring@healthinvestor.co.uk;

Consultations

32. 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

33. 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

34. Proposed Revisions to the Standard

Guidance on Writing Disabled Persons' Protection

Policies

Closing Date: 23 May 2008

Document seeking views on a proposed revision of

the standard guidance for train operating companies

on writing their disabled persons' protection policies.

For consultation go to http://www.dft.gov.uk/consultations/

open/dppp/

35. CSCI begins new study into safeguarding

4 March 2008

CSCI is going to carry out a new study into how well

people are protected from abuse or neglect in adult

social care. The study into safeguarding will look at

how good the way adult social care is provided is at:

Raising awareness of abuse issues and giving

priority to safeguarding

Preventing abuse

Recognising and acting on allegations

Continually improving safeguarding systems and

practice

CSCI inspectors will, apparently, be asking some

additional questions in key inspections of care services

carried out from 5 to the 16 May.

Between 21 April and 16 May it will also be carrying

out some thematic inspections that focus on safeguarding.

36. Consultation on the Medical Profession

(Miscellaneous Amendments) Order 2008

Closing Date: 5 June 2008

A consultation paper asking for comments on a draft

order. The changes proposed in the draft order

seeks to implement two of the reforms set out in the

White Paper: Trust Assurance and Safety. The draft

order also provides an additional route to the Specialist

Register for NHS consultants. All amendments

relate to the functions of the General Medical Council.

For full consultation click here

37. Private and voluntary healthcare: Care

Standards Act 2000. Regulations and national

minimum standards consultation

document

Closing Date: 10 June 2008

DoH plans to make sweeping changes to the way

that health and adult social care is regulated and performance

managed, from April 2009 (a date which

may ‘slip’). The consultation document contains the

proposed changes to the regulations and proposed

changes to the associated National Minimum Standards

(NMS).

For full consultation click here

38. NICE: Current consultations

To browse through consultations go to http://

www.nice.org.uk/page.aspx?o=consultations.current

CSCI, CSSIW, Healthcare

Commission &

Scottish Care Commission

39. Healthcare Commission to launch investigation

at Mid Staffordshire NHS Foundation

Trust

18 March 2008 – Healthcare Commission

The Healthcare Commission has announced its intention

to investigate mortality rates at the Mid Staffordshire

NHS Foundation Trust.

The move responds to published data suggesting that

the trust’s rates of mortality may be high, especially in

the area of emergency admissions.

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

newsandevents/pressreleases.cfm?

cit_id=6327&FAArea1=customWidgets.content_view_1&useca

che=false

40. CSCI to review who qualifies for care services

14 March 2008 – CSCI

CSCI will be implementing a major review of the eligibility

criteria that councils when they decide whether

or not a person receives help from the council with

social care services.

For full report click here

41. Healthcare watchdog calls on hospitals to

ensure they are not exposing patients to unnecessary

doses of radiation

14 March 2008 – Healthcare Commission

The Healthcare Commission has issued its first report

on x-ray and radiological incidents. The report shows

that one in three involve the wrong patient and that

reporting is patchy.

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

newsandevents/pressreleases.cfm?

cit_id=6325&FAArea1=customWidgets.content_view_1&useca

che=false

42. Would you like to have your say?

12 March 2008 – SCRC

The Scottish Care Commission have reiterated their

commitment to involving people who use care services

and their carers in all areas of its work.

For full report click here

43. Commission visits to front line social

care services

11 March 2008 – CSCI

An article on Dame Denise Platt, the chair of CSCI,

its other Commissioners and their regular visits to

care services to find out about what is happening in

social care on the ground.

For full report click here

44. CSCI Newsletter

March 2008—CSCI

Link to March newsletter—all items have been covered

in previous issues of BHCR.

To access the newsletter click here

Education

45. Half of the children who fail key tests

‘have learning difficulties’

14 March 2008 - The Times

Researchers say 55% of primary school children failing

SATs had symptoms of developmental learning

problems, most commonly dyslexia.

Ireland, Scotland & Wales

Ireland

46. Doctors have lost confidence in health

service chiefs, says IMO

13 March 2008 – Press Association

Claims have been made that the Irish medical profession

has lost confidence and trust in the management

of the health service. Health chiefs and the

politicians were under fire from the Irish Medical Organisation

(IMO), which said doctors cannot be

blamed for inadequate financial planning.

Scotland

47. Thousands hit by breaches of data

12 March 2008 – BBC News

According to a report by BBC Scotland’s Investigations

Unit, thousands of people have been affected

by personal data breaches. The information was obtained

through freedom of information requests to

NHS boards, councils and police forces.

These included lost patient notes, compromised payroll

data and information on sex offenders.

For full report click here

48. Ex-health boss apologies to MSPs

11 March 2008 – BBC News

Dick Manson, a former Western Isles health board

chief executive has apologised to MSPs for not being

able to remember seeing a controversial report. Mr

Manson told the Scottish Parliament’s audit committee

that he did not see the document into failings in

financial reporting at the board.

Mr Manson has now written to the committee saying

he had since been able to recall the report.

For full report click here

49. NHS wards trial hand-wash device

10 March 2008 – BBC News

NHS Lothian is now trialling ultra-violet light boxes in

two wards to encourage staff and visitors to wash

their hands properly. The “Glo Boxes” are being piloted

in wards 108 and 208 at the Royal Infirmary of

Edinburgh.

The project might be rolled out across other wards in

NHS Lothian with similar trials taking place.

An alcohol rub is applied before the hands are put

under the UV light box.

For full report click here

Wales

50. Report 'must not shut hospitals'

13 March 2008 – BBC News

NHS uncovers hospital 'failings'

13 March 2008 – BBC News

A report by the NHS Clinical Governance Support

and Development Unit (CGSDU) has found failing

patient safety standards at Powys hospitals. The Local

Health Board said the report was "thorough, albeit

hard hitting".

A Powys GP said it was difficult to disagree with the

report.

For 1st report click here

For 2nd report click here

Learning Disabilities

51. (DH) Transition: moving on well

A good practice guide for health professionals and

their partners on transition planning for young people

with complex health needs or a disability.

Ivan Lewis, Care Services Minister, announced the

publication of good practice guidance for health professionals

and their partners on the transition planning

for young people moving into adulthood.

Transition from children's to adult health services is

recognised as an important issue. More children are

now surviving into adult life with conditions which

once would have been fatal in early childhood. Many

of these conditions will be unfamiliar to health professionals

working in adult service and often the young

person needs care from a number of different specialities.

The coordination of care which they have received

in children's services all too often fades away

when they transfer to adult care. Young people with

a neuro-disability such as cerebral palsy or muscular

dystrophy are the least well served when the time

comes to move on to adult care.

Ivan Lewis, Care Services Minister, said

'Young people and their families tell us of the uncertainty

they face about their future support when they

reach 18 years of age. All too often, they feel unsupported

which is why we have made improving the

transition experience of young people a Government

priority.”

Transition: getting it right for young people was published

by the Department for Education and Skills

and the Department of Health in 2006. DCSF and

DH published a transition guide for all services, key

information for professionals about the transition

process for disabled young people in 2006. It can be

viewed electronically via the following link: http://

www.everychildmatters.gov.uk/_files/TransitionGuide.pdf

52. Census to complement second phase of

closure programme

14 March 2008 – Community Care

The Government will be carrying out a census of

people with learning disabilities in NHS campus accommodation

to help fund people's move into the

community.

The census aims to determine the distribution of

£96m of funding from 2008-11 to support the Department

of Health's programme to close all campuses

and move its residents into the community by April

2010.

For full report click here

53. Concern over future of care home

14 March 2008 – BBC News

Cornwall County council is being lobbied by people

with learning disabilities and their carers to not close

their day care centre. The Blantyre Centre in St Austell

is one of a number of sites earmarked for possible

closure because the council wants to improve its

adult social care services.

For full report click here

Legislation Update

54. No. 745 (C.30) The Mental Health Act 2007

(Commencement No. 4) Order 2008

19 March 2008 – OPSI

For full legislation click here

55. No. 116 (C.11) The Adult Support and Protection

(Scotland) Act 2007 (Commencement

No. 2 and Transitional Provisions) Amendment

Order 2008

19 March 2008 – OPSI

For full legislation click here

56. No. 112 (C.9) The Scottish Commission

for Human Rights Act 2006 (Commencement

No. 2) Order 2008

18 March 2008 – OPSI

For full legislation click here

57. New Regulations relating to Age are

amended

17 March 2008

For full report see Staff, Employment & Disciplinary—item 112

58. No. 683 The National Health Service

(Pharmaceutical Services) (Amendment)

Regulations 2008

14 March 2008 – OPSI

For full legislation click here

59. No. 640 The Fostering Services

(Amendment) Regulations 2008

13 March 2008 – OPSI

For full legislation click here

60. No. 641 The Disability Discrimination

(Public Authorities) (Statutory Duties)

(Amendment) Regulations 2008

13 March 2008 – OPSI

For full legislation click here

61. No. 90 The Recovery of Health Services

Charges (Amounts) (Amendment) Regulations

(Northern Ireland) 2008

12 March 2008 – OPSI

For full legislation click here

62. No. 91 The Health and Personal Social

Services (Assessment of Resources)

(Amendment) Regulations (Northern Ireland)

2008

12 March 2008 – OPSI

For full legislation click here

63. No. 105 The National Health Service

(Charges for Drugs and Appliances)

(Scotland) Amendment Regulations 2008

12 March 2008 – OPSI

For full legislation click here

64. No. 79 The Special Educational Needs

and Disability (General Qualifications Bodies)

(Relevant Qualifications, Reasonable

Steps and Physical Features) Regulations

(Northern Ireland) 2008

11 March 2008 – OPSI

For full legislation click here

65. No. 571 The National Health Service

(Charges for Drugs and Appliances) and

(Travel Expenses and Remission of Charges)

Amendment Regulations 2008

10 March 2008 – OPSI

For full legislation click here

66. The Sex Discrimination (Amendment of

Legislation) Regulations 2008

10 March 2008 – OPSI

For full legislation click here

67. No. 78 The Community Care (Personal

Care and Nursing Care) (Scotland) Amendment

Regulations 2008

10 March 2008 – OPSI

For full legislation click here

Mental Health

Nothing to report

Miscellaneous

68. Charity tribunal launched - beginning a

new era of charity law

18 March 2008 - GNN

Phil Hope, Minister for the Third Sector, launched the

new Charity Tribunal. It will act as an independent

appeal body allowing charities to challenge legal decisions

of the independent regulator, the Charity

Commission. Previously, charities could only take

such appeals to the High Court, which was too costly

and time consuming for most charities. The Tribunal

will improve access to justice for charities and as

more cases are heard it will help to develop case law

which has not always kept pace with changes in society

and the charity sector. This one of the major reforms

introduced by the Charities Act 2006.

Experienced lawyer, Alison McKenna has been appointed

as President of the Charity Tribunal.

Unusually for a tribunal the Charity Tribunal will be

able to consider points of law referred to it by the Attorney

General or the Charity Commission without a

case being brought. This will further speed up the

creation of a solid foundation of case law that will result

in a new era of legal certainty for charities.

For more information on the Charity Tribunal see:

http://www.charity.tribunals.gov.uk

69. Go public if you have any ethical qualms,

doctors ordered by GMC

17 March 2008 - The Times

The General Medical Council has said in its document

‘Medical Beliefs and Medical Practice’ that all

doctors must set out explicitly any views that may

affect their views as to treatment – such as abortion.

Doctors must display posters/give out leaflets detailing

any ethical objections that they may have.

70. Charities Act 2006 third commencement

order

17 March 2008 - GNN

Phil Hope, Minister for the Third Sector, has made

the third commencement order of the Charities Act

2006. This will bring into force a range of changes to

bring charity law up to date and give charities greater

flexibility.

The main changes are:

1. Allowing charities to pay trustees for goods and

services. In the past charities have been restricted

from paying trustees or anyone associated

with them for goods or services to avoid

conflict of interest. New measures remove this

restriction to enable, for example, a trustee

who is a roofer to fix the charity's roof at cost

price. A range of safeguards accompany the

new power, to prevent conflicts of interest or

abuse.

2. Wider powers to help the Charity Commission

protect charities. Under a new power the Charity

Commission can direct the actions of a charity

or individuals running a charity, if it believes

that misconduct or mismanagement have occurred.

In the past the only option would be to

remove the board and appoint interim managers

at great cost to the charity. The new rules

enable a proportionate response to each case.

3. Flexibility for charities changing their charitable

purpose. A charity always has a defined purpose.

Over time circumstances may change

requiring that purpose to change. As the charity's

assets have been given for the original

purpose the law courts and Charity Commission

must give permission. In the past they

could only permit the nearest alternative purpose.

Now, social and economic conditions can

be considered so that the charity can have the

most beneficial purpose.

4. Power for the Charity Commission to remove

or suspend membership of a charity. This

closes a loophole where an individual in a

charity is suspended or removed from their

position but could seek re-election to it if they

remained a member of the charity.

5. Helping charities deal with difficult circumstances.

The Act gives the Charity Commission

more flexibility to help charities deal with

charitable donations that cannot be used as

intended, and to help charities that are established

for purposes that are no longer relevant

to change those purposes.

6. New Charity Tribunal. If a charity wants to appeal

against a decision of the Charity Commission

it must go the High Court. This is too

costly for most charities resulting in lack of

justice for them and stagnation in charity law

as it is not updated through case law. The new

tribunal will provide an affordable independent

recourse for charities.

71. A Living Death

17 March 2008 - The Times

A two page article about the funding of research into

Alzheimer’s disease, linking Terry Pratchett’s donation

(see item 84) to the recently published book by

Dr Guy Brown who argues that dementia research

should be the priority and that extending life expectance

is a bad idea.

72. Another $600,000 bill to alter ‘swastika’

care home

15 March 2008 - The Times

Welcome to Swastika House

15 March 2008 - Daily Mail

Following complaints by a Jewish activist a care

home in Alabama, The Wesley Acres Methodist

Home, will have new wings added to disguise the

appearance of the home from the air.

73. Advert for ‘Total body Scan’

15 March 2008 - The Times

Under the caption ‘An MOT for 2008’ and offering a

10% discount on an unspecified fee.

74. Health ‘MOT’ tests are misleading and

can be harmful, experts say

11 March 2008 - The Times

The Royal College of Pathologists has released a

report saying that the MOT tests currently promoted

and aimed at the ‘worried well’ are medically misleading

and can be dangerous – for example by exposure

to unnecessary x-rays.

75. Accolades Awards 2008 opens

14 March 2008 – NCF

Skills for Care are again seeking the best of the best

among Britain’s million plus adult social care staff as

nominations for their Accolades 2008 open.

The Accolades are viewed as the Oscars of the social

care world and last year saw a record number of entries

from organisations and employers who wanted

to showcase their work in developing a highly trained

workforce.

Nominations are now open.

For full report click here

76. Doctors condemn super-clinic push

14 March 2008 – BBC News

Doctors say that the Government are putting local

health groups under pressure to create new

“polyclinics” even if they are not required.

The clinics are said to provide a range of services

under one roof as part of a wide-ranging review of the

NHS by health minister Lord Darzi, and the British

Medical Association said the clinics will not work everywhere.

The Department of Health said it had no intention of

"imposing health-centres on anyone".

For full report click here

77. 'Lax standards' on data security

14 March 2008 – BBC News

The Joint Committee on Human Rights has warned

that the Government’s persistent failure to take data

protection “sufficiently seriously” and that such lapses

might be breaking the Human Rights Act.

MPs and peers agreed that episodes such as the loss

of child benefit discs containing 25m people's details

were "symptomatic of lax standards," and the report

said this did not "inspire confidence" in controversial

plans for a National Identity Register.

The Government is said to be considering measures

to toughen up the Data Protection Act.

For full report click here

78. GP pensions ruling

14 March 2008 - The Times

DoH acted unlawfully when retrospectively capping

the rise in GP pensions allowed under the ‘new contract’.

79. 60,000 new doctors will target problem

drinkers

14 March 2008 - GNN

Sixty thousand new doctors will be specifically

trained in the next ten years to identify and treat people

who are drinking too much, Public Health Minister

Dawn Primarolo announced.

Medical schools have been allocated £650,000 to

undertake a scoping exercise next financial year to

see how alcohol misuse training can be added to the

curriculum.

The findings will enable a first tranche of medical

schools to make the necessary changes - and test

them - before full roll out. Within three years, every

medical school in the country will have alcohol training

on the curriculum.

The Department of Health says that alcohol misuse

costs the NHS around £1.7 billion every year. For

every £1 invested in specialist alcohol services for

dependent drinkers, the public purse saves £5, including

a £1.65 saving for the NHS.

The cross-government alcohol strategy, 'Safe, Sensible,

Social', was published in June 2007 and commits

all Government departments to work together to

tackle what is a society-wide problem. The report can

be found at h t t p : / /www. d h . go v . u k / e n /

P u b l i c a t i o n s a n d s t a t i s t i c s / P u b l i c a t i o n s /

PublicationsPolicyAndGuidance/DH_075218

Ed. Time was that GPs themselves were among

the groups at primary risk of alcohol misuse.

80. No blame for medical record loss

13 March 2008 – BBC News

The patients’ group has expressed its amazement

that three inquiries into how medical records came to

be strewn on a road failed to find anyone responsible.

The records belonged to patients from London's

Whipps Cross University Hospital and St Bartholomew's

Hospital, and London Ambulance Services

(LAS) and the medical records, contained details of

serious illnesses suffered by patients and outpatient

forms.

For full report click here

81. GPs urge PCTs to remain flexible

13 March 2008 – HSJ

Primary care trusts will now need to negotiate with

family doctors over how to implement extended hours

locally after the overwhelming majority of GPs voted

to accept the government's proposed deal.

82. CRB's response to press reports of mistakes

by the Courts Service

13 March 2008 – CRB

The Criminal Records Bureau has responded to the

press in light of mistakes made by the Courts Service.

The body and Her Majesty's Courts Service (HMCS)

worked together to establish if the CRB’s service was

compromised as a result of failures by Courts Service

staff, and after rechecking all 15 million Disclosures

issued since 2002, against the conviction details that

were not recorded on the Police National Computer

at the time of the CRB check.

The exercise revealed 3 people who had received a

Disclosure which, whilst revealing their conviction

history, was incomplete.

For full report click here

83. Tackling health inequalities: 2007 Status

Report on the Programme for Action

13 March 2008 – DoH

A status report providing a review of developments

against the data since the publication of the Programme

for Action in 2003. It considers progress

against the Public Service Agreement (PSA) target,

the national headline indicators and against government

commitments. The report also highlights the

challenging nature of the health inequalities PSA target

for 2010.

For full report click here

84. Pratchett’s million-dollar wish to give battle

against Alzheimer’s an extra kick

13 March 2008 - The Times

13 March 2008 - BBC Radio 4 Today

Author, Terry Pratchett, has donated a million dollars

to help to find a cure for Alzheimer’s.

85. New standard raises the bar for public

services

11 March 2008 - GNN

Minister for Transformational Government Tom Watson

launched the new Customer Service Excellence

(CSE) standard - a practical tool to support and drive

public services that are more responsive to people's

needs.

The aim of CSE is to encourage, enable and reward

organisations that are delivering services based on a

genuine understanding of the needs and preferences

of their customers and communities.

CSE is designed to get right inside the culture and

ethos of an organisation, identifying what really matters

to users of that service and concentrating on improving

their whole experience of service delivery.

Organisations can apply to be assessed against the

CSE standard from today.

86. Remove red tape to recruit more service

user volunteers - Neuberger

11 March 2008 – Community Care

Volunteering in health and social care report

10 March 2008

Baroness Julia Neuberger, the Government's independent

volunteering champion, published her report,

‘Volunteering in the Public Services: Health and

Social Care’.

The report is the first in a series examining the role of

volunteers and volunteering in public services.

Through consultation with over 1000 volunteers

and organisations it found much potential to

expand volunteering in health and social care to build

more people centred services.

The report identifies a largely untapped source of

volunteers in service-users. It argues that they could

make an enormous contribution as volunteers in

health and social care because no one understands

what it is like to have a condition like a person who

has it themselves.

Baroness Julia Neuberger, the Government's independent

volunteering champion, said:

“Volunteering can create a virtuous circle, improving

levels of well being for volunteers, professional colleagues

and most importantly the people that use the

services. In health and social care I found some excellent

examples of volunteers being involved in services

as well as significant potential to increase levels

of volunteering in the sector.”

The review's main recommendations are:

1) In-house 'volunteering hubs' should be established

within government agencies to help mainstream volunteering

in health and social care services.

2) When commissioning services, Government agencies

should consider the social benefits and true

costs of volunteering.

3) Employee volunteering schemes should become

commonplace throughout health and social care services.

4) A programme board should be set up, with a remit

to increase volunteering in health and social care and

ensure that volunteers are properly managed.

5) Both the Government and charities need to make

more of the huge, largely untapped, resource of service-

users as volunteers.

6) NHS websites should signpost their users to peer

group support websites, and to more general volunteering

opportunities.

These findings will feed into a final report on volunteering

in public services to be submitted to the Prime

Minister towards the end of 2008 after which the Government