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Both editions are © Brunswicks LLP 2008

BHCR 2008 Vol 3 Issue 14
Brunswicks Healthcare Review 2008 Volume 3 Issue 14

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

Times are tough for many.

There is the credit squeeze, increasing inflation, lack

of funds from commissioners and bankers

alike. Something has got to ‘give’, or has it?

Ultimately, local authorities will come to recognise

that to discharge their responsibilities properly they

will need to have a cooperative relationship with

those who provide social care. That means that they

must regard the process of contracting not as a

process where they squeeze every last point and

penny from providers, but, must consider the bargain

more as one of long-term marriage not a short-term

arrangement convenient for the moment.

By all means move away from the payment of a

single amount to all providers; do, by all means

reward quality care and incentivise providers to

invest in the future.

If councils do not value providers, first, quality of care

will suffer. Second, many smaller providers will exit

the market selling their real estate to property

developers. Ultimately, councils will find themselves

at the mercy of few mega-sized national providers

who will dictate the financial terms upon which they

will be prepared to accept a publicly funded resident.

A little birdie tells me that there will be a gathering of

north-west councils in Preston scheduled for next

month - the meeting is believed to be concerned with

keeping payments to social care providers tightly

controlled.

My plea to social services directors is: don’t pursue

every last farthing of savings in fees, don’t squeeze

until the pips squeak. Do value the providers in your

area and treat them as you would hope to be

treated. Give consideration to rewarding quality

care. It is only by each of us

treating each other fairly and with

respect can will build what we all

want excellence, everywhere.

Parliament

21.04.08 – HoL - Health and Social Care Bill

Committee [Lord Darzi of Denham] 6th Report from

the Delegated Powers Committee, 15th Report from

the Joint Committee on Human Rights

22.04.08 – HoC - Inspections of children's homes -

Ann Coffey, Adjournment Debate

Next

Abuse

1. Experts set to tackle adult abuse

13 April 2008 – BBC News

Nottingham has set up a board of experts to tackle

the problem of adult abuse in the area. The Nottinghamshire

Safeguarding Adults Board (NSAB) includes

members from the county council, police and

NHS trusts.

In 2007, there were nearly 900 reports of abuse

against adults in the county involving vulnerable people.

These figures included those with mental health

problems.

For full report click here

2. 12 calls to elder abuse helpline

10 April 2008—Essex Echo

In October Action on Elder Abuse and the Essex Vulnerable

Adult Protection Committee together with the

operators of 20 care homes jointly launched a

helpline for people to report abuse in care homes.

However, in six months only 12 calls have been received.

Paul Bedwell, development manager for the

Essex Safeguarding Adult Board, said it had been a

useful experience and a decision will be taken on its

future after reviewing data from the calls.

3. Agenda action to eradicate abuse

7 April 2008 - Blackpool Gazette

An initiative, called Lancashire Safeguarding

Agenda, has been launched in Lancashire to protect

vulnerable adults from abuse County Council. The

council, police and health chiefs are collaborating to

protect over-18s including those who are old, or who

have physical disabilities, learning disabilities or

mental health problems.

A dedicated telephone line, website and leaflet have

been launched to raise awareness of adult abuse and

make it easier for the public and professionals to report

suspected incidents.

Richard Jones, executive director of adult and community

services at Lancashire County Council, said

no-one should tolerate abuse.

"All suspected incidents of adult abuse or neglect will

be investigated fully."

Lancashire County Council has already trained more

than 1,000 staff in both awareness and investigation.

Anyone with concerns can contact Lancashire County

Council via its dedicated Safeguarding Adults telephone

number on 0845 0530 028, or visit online at

www.lancashire.gov.uk/safeguardingadults.

Business News

4. Care UK Plc’s response to Department of

Health Announcement

9 April 2008

Care UK Plc notes today's announcement by the Department

of Health (DoH) regarding the second wave

of Independent Sector Treatment Centre (ISTC) procurement.

The group is pleased to note that the DoH has indicated

that Care UK's two Manchester CATS projects

and Partnership Health Group's ISTC in Southampton

are proceeding towards financial close.

The Essex ISTC contract has now been transferred to

local ownership. We believe that the management of

the Essex ISTC contract by the local commissioning

authorities is a positive step. However, a significant

number of issues remain to be resolved in order for

this project to reach financial close. We continue to

work closely with the local Trusts to achieve this.

Interim results for the six months ended 31 March,

2008 are expected to be announced on 19 May,

2008. Should any of the ISTC contracts reach financial

close prior to this, we will make the appropriate

announcement.

5. Nestor Healthcare

8 April 2008 - The Times

Nestor’s shares slipped to 40pence on news that the

CEO, Stephen Booty, left and the company had rebuffed

takeover offers.

6. A medicine man’s prescription

8 April 2008 - The Times, Public Agenda

Profile of Richard Barker, director general of Association

of the British Pharmaceutical Industry.

7. Nestor healthcare discussions terminated

7 April 2008

“On 4 January 2008, the Board of Nestor Healthcare

Group plc ('Nestor' or the 'Company') announced that

it had received unsolicited preliminary approaches

that may or may not lead to an offer being made to

acquire the Company.

Since that time the Board has pursued discussions

with the potential offerors and whilst the interested

parties have indicated possible interests to acquire

the Company at a significant premium to the current

share price, the Board and major shareholders believe

that the proposed indicative offers materially

undervalue the Company and have decided to terminate

talks with all parties. The Board can confirm that

the Company is no longer in talks regarding a possible

takeover.

Further to the announcement on 29 February 2008,

the Board can confirm that trading in the Company in

the current financial year to date continues to be in

line with the directors' expectations and the Board is

confident of the future prospects for the business.

The Board announces today that Stephen Booty will

stand down as Chief Executive Officer at the end of

this month after four years in his present role. He has

been instrumental in the reshaping of the Group to

begin the process of strengthening management disciplines

and focussing the Group on social and primary

care activities and the Board thanks him for his

significant contribution to Nestor.

He and the Board believe it is appropriate to seek to

refresh the senior management of the Group to enhance

the future growth, and the process of appointing

a successor has commenced. Further details will

be announced in due course.

The Company will be announcing its preliminary results

for the year ended 31 December 2007 on 10

April 2008.”

8. Councils set to tighten care spending

through efficiency toolkits

April 2008 - Community Care Market News

Item looking at the approaches of local councils to

making further savings in the care costs they pay for

adult social care.

9. Future mapped out in Europe for care

firms

April 2008 - Caring Business

A look at the prospects for expansion of care businesses

in Europe.

Care Homes

10. Let’s turn spotlight on the true spirit in

sector

April 2008 - Caring Business

Leading up to National Care Homes Week (2-6 June

2008) a look at the positive work done across the

sector. There are supportive words from Minister

Ivan Lewis.

Case Reports

Law Reports

11. Gopakumar v General Medical Council

The character directions given by a legal assessor

before a Fitness to Practise Panel in respect of a GP

charged with serious professional misconduct were

not analogous to the directions which a judge in a

criminal trial would give to a jury, and did not cast

doubt upon the panel's decision to find the charge

proved.

12. Martland v Cooperative Insurance Society,

The Employment Appeals Tribunal considered

whether a dismissal, when the workforce is immediately

offered re-engagement on new terms and conditions

of employment, amounts to a 'redundancy' dismissal

(entitling the workforce to redundancy payments).

The tribunal found that such dismissals were not redundancy

dismissals, but were dismissals for some

other substantial reason.

The employees appealed, arguing that they had been

dismissed because there was a reduction in the need

for employees to do 'work of a particular kind', i.e.

work under those terms and conditions.

The EAT upheld the ET's decision, holding that 'work

of a particular kind' referred to the generic type of job

- in this case, insurance salesmen. The tribunal was

entitled to find that the job was still essentially the

same, despite the substantial changes to the terms

and conditions of employment.

This employment law case is brought thanks to

Daniel Barnett, website www.danielbarnett.co.uk

13. MC v SC & CC & Others (Children)

(Interveners)

Where the separate representation of children would

add sufficiently to the court's understanding ...of the

issues that arose under Hague Convention proceedings...

to justify the intrusion, expense and delay that

might result, their application to be joined as parties

to the litigation was to be allowed.

Neufeld v A&N Communication in Print Ltd

HHJ McMullen QC affirmed the guidance given by

Elias P., holding that a 90% shareholder of a company

was also its employee. Two additional points of

interest arose:-

the date at which the individual's status is to be considered

is the date of the dismissal, not the date that

s/he is alleged to have entered into a contract of employment

(para. 14); and,

the fact that the individual has offered guarantees

(eg guaranteeing the company's debts to a bank is

not inconsistent with employment status (para. 30).

This employment law case is brought thanks to

Daniel Barnett, website www.danielbarnett.co.uk

Disciplinary cases

Nothing to report

Cases in the news

14. Four to be tried on care home neglect

12 April 2008 - thisisgloucestershire.co.uk

Care home accused appear in court

11 April 2008 – BBC News

The bosses of Gloucester care home, Newsham

House, were told their trial for allegedly neglecting

elderly and mentally ill residents will be in October.

The case is expected to last six weeks.

At a hearing at Bristol Crown Court, Derek Youds,

66, manager, and his deputy Heather Bolton, 56,

were told their trial for a number of charges of neglecting

patients receiving mental health treatment at

the home in Stroud Road would begin on October

27.

William Davies, 60, managing director of Leedsbased

ADL Plc, which runs the care home also faces

nine charges of neglect.

Pearl Jackson, 49, Operations director will face eight

charges of neglecting patients.

The matters alleged go back as far as 2003. About 30

police officers raided the home in July 2005 removing

resident’s records and considerable quantities of paperwork.

For BBC report click here

15. Care home owner who stole from residents

escapes prison stretch

4 April 2008 – ThisistheNortheast

Mary Adamson, a care home owner who stole £2,000

from a resident who had severe learning disabilities

has been spared jail. Judge Brian Forster, QC, said

that because she had repaid the money and lost her

good name, it saved her from a prison sentence.

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

display.

var.2173547.0.care_home_owner_who_stole_from_reside

nts_escapes_prison_stretch.php

16. Care homes probe: Call for change to

'glorified waiting rooms' attitude

4 April 2008 – Scotsman

Help the Aged in Scotland has called for attitudes to

change against care homes to save them being

viewed as nothing more than “glorified waiting

rooms”. The charity also said it was also seriously

concerned about the widespread staffing problems in

the industry.

For full report go to http://news.scotsman.com/health/Carehomes-

probe-Call-for.3948487.jp

17. Dementia campaigner's calls for care

home inquiry

4 April 2008 – Shields Gazette

A pensioner is calling for a public inquiry into the

treatment of sufferers at Bamburgh Court Care Centre

after it was described by inspectors as the worst

they had ever seen. The inspectors made a surprise

visit in May 2004.

For full report go to http://www.shieldsgazette.com/news/

Dementia-campaigner39s-calls-for-care.3950261.jp

Children

Nothing to report

Conferences & Courses

To follow next week

Consultations

18. Review of eligibility criteria

8 April 2008 - CCSI

CSCI is carrying out a major review of the eligibility

criteria that councils use to decide whether or not a

person receives help from the council with social care

services. It aims to make recommendations on how

the 'Fair Access to Care Services' (FACS) system

could be improved.

Read more about the review

19. Your help is needed

CSCI is asking for your help in carrying out this review

either by sending it a written submission or by

using the link below to complete the online survey:

Eligibility criteria review online survey

20. 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/

21. 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.

22. 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

23. 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

24. The Future Regulation of Health and

Adult Social Care in England: A consultation

on the framework for the registration of

health and adult social care providers

Closing Date: 17 June 2008

A consultation seeking views on the future regulation

of health and adult social care. It seeks to consider

which health and adult social care services should

require registration with the Care Quality Commission

and what the requirements for registration should be.

It also considers when providers of regulated services

should be required to have a registered manager and

how primary care services should be included in the

new registration system.

For full consultation click here

25. Consultation: Statutory guidance for children's

trusts on the duty to cooperate

Closing Date: 26 June 2008

This consultation seeks views on draft statutory guidance

for children's trusts on inter-agency cooperation

to improve the well-being of children, young people

and their families.

For full report go to http://www.dcsf.gov.uk/consultations/

conDetails.cfm?consultationId=1544

26. NICE Consultation: The 2008 update to

the guidelines manual

Closing Date: 1 July 2008

Consultation seeking views on a draft update of a

manual that describes the detailed process and methodology

used to produce NICE clinical guidelines.

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

howwework/developingniceclinicalguidelines/

clinicalguidelinedevelopmentmethods/

guidelinesmanualconsultation2008update.jsp

27. Proposals to change NHS structure in

Wales

Closing Date: 2 July 2008

The Welsh Assembly has announced proposals to

change the NHS's structure in Wales.

The proposals are part of a three-month consultation,

include plans to abolish the internal market by providing

funding from the Welsh Assembly or an NHS

Board for Wales directly to trusts and local health

boards.

For full report go to new.wales.gov.uk

28. 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

29. A Joint Prescription To Benefit Care Sector

10 April 2008 – SCRC

The Scottish Care Commission and the Royal Pharmaceutical

Society of Great Britain have signed an

agreement to work more closely on ensuring medicines

are managed safely in Scotland’s care sector.

For full report click here

30. Staffordshire Ambulance Service NHS

Trust took risks with patient and staff safety,

says healthcare watchdog

9 April 2008 – Healthcare Commission

The Healthcare Commission has urged all ambulance

trusts to learn from the investigation of the

Staffordshire Ambulance Service NHS Trust.

The investigation revealed that risks were taken with

the safety of patients, staff and volunteers and covered

the period April 2004 to June 2007. It highlighted

problems at the former trust which included

the poor management of controlled drugs,

“community first responders” and the out-of-hours

GP services.

The Commission did however, point out that the trust

was a good performer in terms of response times for

emergency calls and it was considered to be innovative

in its introduction of new equipment and services

with good relationships with patients and the public.

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

newsandevents/pressreleases.cfm?

cit_id=6423&FAArea1=customWidgets.content_view_1&usec

ache=false

31. Healthcare Commission steps up pressure

on weak trusts

8 April 2008 – Healthcare Commission

Healthcare Commission Chief Executive, Anna

Walker has announced that all 33 trusts rated as

“weak” last year for the services have been followed

up by the body’s inspectors.

She said the Commission was reassured by the way

trusts were responding. However, it was important

that improvements were made and maintained for

patients.

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

newsandevents/pressreleases.cfm?

cit_id=6421&FAArea1=customWidgets.content_view_1&useca

che=false

32. Healthcare watchdog finds that Royal

Cornwall Hospitals NHS Trust is on track for

recovery under new leadership team

8 April 2008 – Healthcare Commission

The Healthcare Commission said said that Royal

Cornwall Hospitals NHS Trust has made progress in

addressing serious concerns regarding its performance

and the quality of services at the trust.

For two consecutive years the Commission's annual

health check showed the Trust as one of the weakest

performing organisations in the NHS.

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

newsandevents/pressreleases.cfm?

cit_id=6420&FAArea1=customWidgets.content_view_1&useca

che=false

33. Rule change: re-registered services and

'excellent' ratings

8 April 2008 - CSCI

“We have listened to concerns raised by providers

and amended our rules about awarding an 'excellent'

quality rating to an existing service at the first key inspection

following a re-registrat i o n . ”

Get full details about this amendment

Ed. It looks like the logic of our criticism of the

CSCI approach to assessing quality of providers

(see BHCR Vol 3, Issues 7 and 8) has been looked

on favourably and changes have been made!

So, now to secure a meaningful process for challenging

the content of inspection reports and the

assessment of quality!!

34. Guardian Social Care supplement

8 April 2008 - CSCI

On Wednesday 19 March the Guardian newspaper

published a supplement, in association with CSCI,

which discusses different aspects of social care and

the need for reform in the care sector.

Download a copy of the Guardian Social Care supplement

35. Providing appropriate services for lesbian,

gay, bisexual and transgender people

8 April 2008 - CSCI

CSCI published an equality and diversity good practice

bulletin looking at how to help social care providers

make their services appropriate for lesbian, gay,

bisexual and transgender people.

Download the new good practice bulletin

36. Healthcare watchdog calls on NHS to

learn from patients’ complaints

7 April 2008 – Healthcare Commission

The Healthcare Commission’s report highlights that

patients currently have concerns about complaints

handling within trusts.

The Healthcare Commission is urging NHS trusts to

learn from patients’ complaints and improve complaints

handling. Key proposals include apologising

more often when they do make mistakes.

A report shows that complaints about a lack of basic

nursing care, poor communications, overly brisk GP

consultations and a lack of help for mental health

service users are among the key issues patients

raise.

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 ?

cit_id=6417&FAArea1=customWidgets.content_view_1&usec

ache=false

37. Sweet 16? The age of leaving care in

Scotland

7 April 2008 – SCRC

The Scottish Commissioner for Children and Young

People (SCCYP) has published the report called

"Looked after children being "pushed out" of care

and onto the streets".

The law and policy has changed to ensure that Children

and Young People do not leave care at too early

an age and that support is available. Figures suggest

that eight times as many children leave care at 16.

For full report click here

38. Star ratings delay

CSCI will postpone the publication of the new quality

ratings of care homes on its website until 07.05.08 ie

after the local elections – doubtless this followed the

furore which followed the announcement of 300 extra

personnel in police forces to counter the ‘terrorist

threat’.

Ed. There is a convention that for three weeks

before such elections there should be no announcements

from Government so as to avoid

the assertion that the electorate is being influenced

by such announcements.

39. Ratings Rage

April 2008 - Community Care Market News

Article considering the CSCI quality ratings system.

40. CSCI: your voice will not be lost

April 2008 - Caring Business

Short item in which David Walden, director of strategy,

CSCI, says that the needs of social care will not

be overlooked in the new Care Quality Commission.

Domiciliary Care

41. Homecare operators and staffing risks

April 2008 - Community Care Market News

Following reports of care staff falsifying records of 1st

Reach Healthcare Devon County Council is reviewing

its relationship with 1st Reach. The two have a history

of working together over 16 yrs, now the whole

relationship and future of the business is at risk. This

article looks at the management of such risks.

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

42. Call to improve care of elderly

10 April 2008 – BBC News

A report from the Public Accounts Committee has

said that pay and conditions for workers in the care

sector must improve or there is a risk that care standards

for the elderly will deteriorate. He said many

workers are deserting their posts through low morale.

For full report click here

43. New inspection regime for Ireland gets

closer

April 2008 - Community Care Market News

Although no dates have been set for implementation

of new legislation in Ireland there were quality standards

for residential care published in March 2008.

Scotland

44. Volunteer dogs can be 'Therapets'

10 April 2008 – BBC News

Tayside is appealing for more ‘Therapets’ – pet dogs

to visit hospitals, residential homes and even prisons.

There are currently around 20 volunteer owners with

dogs in the area, but a dozen more at least are

needed.

The aim of the project is to boost health, ease loneliness

and improve communication.

Volunteer dogs are required to have an open nature,

be eager to meet people and have their vaccinations

up-to-date. Owners should be able to fully control

their animals and will be given police disclosure

checks.

For full report click here

45. Drugs Chief Asks: Should The Young Get

Priority Over Elderly Patients?

8 April 2008 – The Herald

Dr Ken Paterson, chairman of the Scottish Medicines

Consortium is calling for a debate over whether the

latest medicines should be prioritised for younger

patients over the elderly. He also warned that the

soaring bill for drugs as forecast could bankrupt the

NHS.

46. Sturgeon Backs GBP20k Nurses' Deal

7 April 2008 – Evening Times

Health Secretary Nicola Sturgeon has hailed the offer

of a new starting salary for nurses in Scotland.

The deal tops £20,000 and she confirmed that staff

will be included in a UK-wide pay offer of 8% over

three years which will be worth 2.75% in the current

financial year.

Wales

47. Hospital parking abuse crackdown

12 April 2008 – BBC News

Since car park charges were scrapped in Wales, motorists

abusing free parking at a Swansea hospital

have been warned that their vehicles will be

clamped. The car park is close to the National Pool,

Swansea University and the seafront.

For full report click here

48. Call for more police at hospitals

9 April 2008 – BBC News

Welsh police could be patrolling A&E units under new

plans to cut violence. An assembly Government task

force has also recommended more CCTV cameras to

be installed in hospitals.

The move comes after the Welsh Assembly Government

rejected a new UK government law to give more

legal protection for attacked NHS staff.

For full report click here

Learning Disabilities

49. Cornwall's Nigel Walker calls for swift

learning disabilities changes

9 April 2008 – Community Care

Nigel Walker, Cornwall Council’s lead adult services

councillor says he wants to see “substantial change”

in the authority’s learning disabilities services within

the next year.

He made his statement after a CSCI inspection revealing

the council’s current difficulties with improving

the learning disabilities area.

For full report click here

50. I failed my dying cousin

9 April 2008 - The Times

Article engagingly tells of the regret of a relative who

believes she did not do enough to help her mentally

disabled cousin who died a slow, painful death from

undiagnosed syphilis.

51. How the NHS is failing vulnerable adults

8 April 2008 - Health Service Journal

What does the murder of a man with a learning disability

have to do with the NHS? Not as much as it

should, according to Margaret Flynn, who conducted

an official inquiry into the death of Steven Hoskin in

Cornwall

Ed. The NHS in Cornwall was fortunate that the

Corporate Manslaughter and Corporate Homicide

Act 2007 was not in force at the time of Mr

Hoskin’s death. There is no doubt in my mind

that the Trust would be facing the charge of manslaughter.

52. We all have same rights

April 2008 - Caring Business

Andrew Dismore MP, chair Parliamentary Committee

on Human Rights, in discussion about the way people

with learning disability are treated.

Legislation Update

53. No. 974 The Childcare (Early Years Register)

Regulations 2008

11 April 2008 – OPSI

For full legislation click here

54. No. 975 The Childcare (General Childcare

Register) Regulations 2008

11 April 2008 – OPSI

For full legislation click here

55. No. 976 The Childcare (Early Years and

General Childcare Registers) (Common Provisions)

Regulations 2008

11 April 2008 – OPSI

For full legislation click here

56. No. 159 The Sex Discrimination Order

1976 (Amendment) Regulations (Northern Ireland)

2008

10 April 2008 – OPSI

For full legislation click here

57. No. 930 (C.45)The Safeguarding Vulnerable

Groups Act 2006 (Commencement No.

1) (Northern Ireland) Order 2008

7 April 2008 – OPSI

For full legislation click here

58. No. 960 The Legislative Reform (Health

and Safety Executive) Order 2008

7 April 2008 – OPSI

For full legislation click here

59. No. 963 The Sex Discrimination

(Amendment of Legislation) Regulations

2008

7 April 2008 – OPSI

For full legislation click here

Mental Health

60. NHS jargon let rapist escape

12 April 2008 - Daily Mail

A report from the South London and Maudsley NHS

Trust says that the politically correct language is confusing

understanding and appreciation of risk. There

is a need to adopt common language.

61. Cleaning 'improves mental health'

9 April 2008 – BBC News

A survey by the British Journal of Sports Medicine

has found that working up a sweat whilst doing your

household chores could improve your own mental

health. Just 20 minutes of sustained exercise a

week – ranging from cleaning to jogging – can impact

upon depression.

For full report click here

62. Craegmoor facility develops ground

breaking technique to combat memory loss

"Consistently raising the standard of treatment"

says Craegmoor.

Craegmoor Healthcare, the largest independent provider

of long term specialist care in the UK has for the

past year been developing a new form of treatment

for patients at its Charles House hospital in Greater

Manchester.

Charles House is a medium secure hospital, providing

support for 24 male patients whose mental health

illness has resulted in neuro-cognitive conditions

such as memory loss. Members of the hospital's

highly skilled Occupational Therapy Team have found

that by using a number of different techniques, patients

can improve their memories and regain skills

they had previously forgotten.

Despite the complex nature of the brain, it is recognised

that small changes to lifestyle can lead to dramatic

improvements in the quality of life of those suffering

from mental illness. At Charles House, the

three-strong, highly skilled motivated Occupational

Therapy team has moved away from the traditional

"nine to five" structure of therapy and activities to offer

support that is more tailored to the needs of the

patients either in one-to-one, or group sessions,

seven days a week.

Craegmoor's policy of employing a variety of highly

qualified staff who specialise in different areas of care

and treatment has proven especially beneficial to patients.

This recruitment strategy has enabled patients

to benefit from a multitude of treatments and allows

staff to identify what best suits each person individually,

thus personalising the care and treatment they

receive.

As part of their treatment, patients are encouraged to

take part in a wide range of activities funded by the

hospital including, bingo, therapeutic trips, men's

health groups, healthy living seminars, cooking

groups, baking, games groups, playing pool, gardening,

learning relaxation techniques, art, music and

social evenings. These sessions allow patients to

gain confidence while developing their skills.

Jordy Hirst, Head of Occupational Therapy at Charles

House said:

"Our patients have commented that they enjoy

the new lively environment and feel that

Charles House reminds them of their own

home. They also know that nothing is too

much trouble and that their needs are catered

for as best they can be by the therapy department."

Julian Spurling, managing director of the Independent

Hospitals division of Craegmoor said:

"At Craegmoor we continuously seek to offer

our clients the most innovative and advanced

care available. We know that by putting an

emphasis on psycho-social therapeutic activities,

individual patients will maximise their

opportunities for rehabilitation into more community

based settings. It is the work of staff

members such as Jordy and her team that

makes this possible. "

Miscellaneous

63. DH poaches GP guarantee payments to

fund pay rise

10 April 2008 – HSJ

The Department of Health is starting to claw back its

minimum practice income guarantee by accepting a

pay recommendation for GPs that gives practices an

average net increase of 0.2 per cent.

64. Pharmacists may get access to patient

care records

10 April 2008 - Health Service Journal

The government has announced it will investigate

how community pharmacy access to the NHS Care

Records Service could be achieved.

65. More consultants 'badly needed'

9 April 2008 – BBC News

The British Medical Association has written to Health

Secretary, Alan Johnson, asking him to take action to

ensure quality care for patients by recruiting more

hospital consultants.

The body said there is a shortfall in many areas,

highlighting emergency medicine, intensive care,

trauma care, acute medicine, paediatrics and obstetrics.

For full report click here

66. Return out-of-hours care 'to GPs'

9 April 2008 – BBC News

The NHS Alliance is calling for GPs to take back the

responsibility for out-of-hours care in England. The

body said that patients had lost confidence in the

care provided by private firms since the GP contract

enabled 90% of family doctors to opt out.

The Government said the current arrangements were

working well.

For full report click here

67. Corporate manslaughter – are you aware

of the Act?

April 2008 - Community Care Market News

Article by Robert Potter on the new legislative landscape

following the introduction of the Corporate

Manslaughter and Corporate Homicide Act 2007 with

comment and views from solicitor Keith Lewin of

Brunswicks LLP.

68. RNCC increase put on hold

April 2008 - Community Care Market News

Postponement of the annual uplift in payments for

nursing care until after decisions have been taken in

relation to the NHS Pay Review Body was described

as ‘incompetence’ by Martin Green of ECCA.

69. Uphill struggle on funds

April 2008 - Caring Business

With care homes considering closure as the underfunding

of the sector starts to make itself felt there is

a look at NorArch’s – Northamptonshire Association

of Registered Care homes – activity in rejecting an

offer of an increase in fees of 1% which resulted in

payments of 3% being agreed.

NHS

70. Patients told: only one illness at a time,

please

13 April 2008 - The Sunday Times

GPs are putting up signs in surgeries instructing patients

that they can discuss only one illness per appointment.

71. Look, no scars: organs removed via the

mouth

13 April 2008 - The Sunday Times

Prof. Lord Darzi has conducted experimental procedures

from which he concludes organs will be capable

of being removed via the mouth. He thinks other

orifices could also be used.

72. Swinidells quits DH ahead of review publication

10 April 2008 - Health Service Journal

The Department of Health's interim chief information

officer Matthew Swindells is to leave the department

to take up a position with consultancy firm Tribal.

73. Trust authorised ambulance teams to

give restricted drugs

10 April 2008 - The Times

The Healthcare Commission has criticised Staffordshire

Ambulance Service NHS Trust, which in a desperate

attempt to improve its performance, issued

staff with medication they were not legally permitted

to have.

74. Care cost changes 'not working'

11 April 2008 – BBC News

Age Concern is claiming that the Government’s attempts

to end the postcode lottery for continuing NHS

healthcare is not working. The charity said differences

for the three months after new guidelines came

in remained huge.

The charity added that tens of thousands of older

people with serious health problems were paying for

care that should be free.

For full report click here

75. Department of Health Response to Consultation:

A code of practice for the use of

powers to counter NHS fraud and security

incidents

10 April 2008 – DoH

The Department of Health has set out its response to

a consultation on a draft code of practice setting out

the requirements that NHS counter fraud or security

management specialists should follow when obtaining,

handling, using and disclosing information obtained

through the use of powers contained in the

NHS Act 2006 and NHS (Wales) Act 2006.

For full report click here

76. Debate around local accountability in the

NHS lacks clarity, says King’s Fund

10 April 2008 – King’s Fund

The King’s Fund is commenting up on the need for

local accountability in the NHS and asking how it can

be achieved.

For full report click here

77. Healthcare Commission publishes results

of survey of staff at every NHS trust in

England

9 April 2008 – Healthcare Commission

The Healthcare Commission has published results

from an annual survey of NHS staff. This was one of

the largest staff surveys in the world.

Surveys were returned by 155,922 employees from

all 391 NHS trusts petitioned, which shows a response

rate of 54%.

Positive points showed that staff were generally satisfied

in their jobs, with responses consistent to previous

years despite the change that has taken place

over that time and that 94% of staff took part in some

form of training. Responses also indicated strong

support from their line managers, with 71% saying

their immediate managers encourage team working

and are supportive in a personal crisis.

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

newsandevents/pressreleases.cfm?

cit_id=6422&FAArea1=customWidgets.content_view_1&useca

che=false

78. NHS staff see 'harmful incidents'

9 April 2008 – BBC News

A survey as part of a nationwide report by the Healthcare

Commission has found that one in three staff at

the Royal Cornwall Hospital have seen an incident

which could have harmed a patient or member of

staff. Not all of the incidents were reported.

About 37% of staff at Plymouth's Hospitals NHS

Trust, which covers part of Cornwall, reported similar

concerns. In response, health bosses said they were

tackling key issues raised by the survey.

For full report click here

79. More private clinics are approved

9 April 2008 – BBC News

The Government has approved three more private

clinics due to take over minor procedures from NHS

hospitals. There are 2 in Greater Manchester and

one in Hampshire.

The NHS pays the treatment centres a flat fee each

year to perform a certain number of diagnostic tests

and non-elective procedures which include general

surgery, orthopaedics and ophthalmology, thanks to

an investment of £385m over the next seven years,

the government said.

This means that the number of centres across the

country to 10.

For full report click here

80. Medical records found at bus stop

9 April 2008 – BBC News

Five envelopes containing confidential NHS medical

reports have been found at a bus stop in Brighton.

The papers included details of patient names,

addresses, conditions and doctors were discovered at

the marina.

Brighton and Sussex University NHS Trust apologised

and said it has initiated an urgent full investigation.

For full report click here

81. NHS Choices: delivering for the NHS

9 April 2008 – DoH

A document describing the NHS Choices public information

service as an integral part of the health and

social care system. It aims to drive improvements in

healthcare and utilise technologies to re-shape the

way people engage with their own health, each other

and the NHS.

For full report click here

82. Winter Report 2007/08

9 April 2008 – DoH

A report setting out the achievements of the NHS and

its key partners in striving to deliver a high quality of

care during the winter months.

For full report click here

83. More than half of NHS staff feel patient

care is not the priority

9 April 2008 - The Times

A survey of NHS staff by the Healthcare Commission

shows staff not focused on care.

In the survey, on 61% of the 156,000 respondents

said that hand washing facilities were always available

when needed.

84. Hospital is hit by C.diff four days after

£300,000 clean-up

8 April 2008 - Daily Mail

The Countess of Chester Hospital NHS Foundation

Trust which spent more than £300,000 on a ‘deep

clean’ of its hospital suffered an outbreak of the

deadly C.diff just four days later.

Ed. Is this evidence that ‘deep cleaning’ is not

necessary/ineffective in controlling such

bugs? Or evidence of a poor clean having been

carried out? Or neither? Whatever the case, we

can learn much from the approach adopted in

Norway – see BHCR Vol 3, Issue 6, item 138.

85. NHS pay deal of 8% gets mixed response

8 April 2008 - The Times

Royal College of Nursing and Unison welcomed the

three year pay deal following recommendation of the

pay review body. The British Medical Association

described the offer as “a further slap in the face”.

86. Report on the National Patient Choice

Survey, November 2007 England

8 April 2008 – DoH

A report showing the final results of around 78,000

responses to the tenth national patient choice survey

commissioned to assess the implementation of

choice at PCT level. The surveys were conducted by

Ipsos MORI on behalf of the Department.

For full report click here

87. Care not top priority - NHS staff

8 April 2008 – BBC News

An annual staff survey by the Healthcare Commission

has revealed that under half of NHS staff believe

that patient care is the top priority for

trusts. The rest didn’t believe their trust saw it as a

priority or neither agreed nor disagreed. The poll

was undertaken by 156,000 staff in England.

Three quarters said they were satisfied with their

jobs, although only one in four said they felt valued by

bosses.

For full report click here

88. Bug scandal NHS boss suing trust

7 April 2008 – BBC News

Rose Gibb, the former chief executive of an NHS

Trust where 90 people died in a superbug scandal

has started legal action over the amount of her severance

pay. She resigned from Maidstone and Tunbridge

Wells NHS days before a damning report on

the Trust's handling of C.diff outbreaks, and the Trust

took legal advice, agreeing to pay her six months'

pay, or £75,000.

The trust declined to comment on the latest development.

For full report click here

89. Three-year 8% pay offer to nurses

7 April 2008 – BBC News

Nurses and other NHS staff have been offered a

three-year pay deal worth 8% by the English, Scottish

and Welsh governments.

The proposed deal is set to give over a million staff

an increase of 2.75% from April, followed by further

increases of 2.4% in 2009/10 and 2.25% in 2010/11.

The offer is the highest in the public sector and aims

to heading off the threat of NHS industrial action.

For full report click here

90. Patients 'being let down and ignored by

the NHS,' says damning report

6 April 2008 – Daily Mail

A damning report by the Healthcare Commission

says that elderly patients are being left to starve in

soiled bedclothes in the Health Service. It also said

GPs were rude, allowing patients very brief consultations

and missing signs of deadly diseases.

The report also said women in labour were constantly

left on their own without pain relief.

For full report go to http://www.dailymail.co.uk/pages/live/

articles/news/news.html?

in_article_id=557644&in_page_id=1770

Nursing

Nothing to report

Older People

91. Advice from older people on hospital

stays

11 April 2008 – NCF

A new booklet has been issued by the Social Care

Institute for Excellence (SCIE) to offer advice to older

people on what to expect when entering, staying in

and leaving hospital.

The booklet is called 'Helping you through a hospital

stay: Advice from older people' and is based on the

experiences of older people who have stayed in hospital

and then returned to their homes.

SCIE also worked with an advisory group of older

people to find out what information they felt would be

useful for others in a similar position.

For full report click here

92. Age Concern launches campaign to protect

its advice services

11 April 2008 – Community Care

A survey by Age Concern has revealed that dedicated

advice services in 80% of its local branches

faced a funding crisis due to cuts by councils.

The charity has launched a campaign on the issue

this week.

For full report click here

93. No fares please for longest bus ride

10 April 2008 - The Times

Richard Elloway, 61, made the first trip from Land’s

End to John o’Groats on local buses using his one of

the new bus passes for older people. The journey

took one week, six hours and ten minutes.

94. New falls prevention resource launched

for practitioners in run up to national falls

awareness day

8 April 2008 – Help the Aged

Help the Aged is trying to raise awareness of National

Falls Awareness Day 2008 as supported by

Stannah Stairlifts on 24th June 2008.

For full report go to http://press.helptheaged.org.uk/_press/

Releases/_items/

_New+falls+prevention+resource+launched+for+practitioners

+in+run+up+to+national+falls+awareness+day.htm

95. This week we received the following email which

we know will be of interest to many readers.

Social Care

Nothing to report

Staff, employment and

disciplinary

96. Immigrant Workers

The application process for companies wishing to

apply for a licence as a Sponsor under Tier 2 of the

New Points Based System which will replace the existing

work permit system has now started.

The significance of this application process should

not be underestimated. As from later this year, possibly

1st October, any company wishing to take on an

individual on a work permit or apply for an extension

for an individual to their existing work permit, must be

licensed as a Sponsor.

The application process involves an online application

and then the submission of specified documentation

within 10 working days of the application date. Most

applicants will then receive a visit from an officer of

the Border and Immigration Agency as part of the

evaluation procedure.

Thanks to Mark Barnett, Head of Immigration at Steeles

Law and Daniel Barnett for informing us about

this.

Hi,

My name is Michelle and I volunteer to help

spread the word about a new free Alzheimer's

Disease online support group.

As I know this falls within your interest I thought

that you might want to help us in the quest to

reach as many people as possible (the more people

know about the group the better help they

will get). You can support us in many ways (not

financially): telling people you know, linking to it,

writing a blog or forum post and participating in

the group discussions.

Your help is much needed and any support will

be most appreciated.

You can check out the group at:

www.mdjunction.com/alzheimers-disease

Have a great day,

Michelle

Sincerely,

Michelle Savta,

POB 200067, Pittsburgh, PA

The Pinders/Caring Business

Healthcare Design

Awards

Comedy great, Richard Briers, brought a touch of

The Good Life to the annual Healthcare Design

Awards lunch in April.

The audience of nearly 500 were clearly charmed by

Richard’s gentle humour as he presented the awards

in his capacity as an Ambassador for the Alzheimers’

Society. £10,000 was raised for the charity on the

day, thanks to generous sponsorship and audience

donations, whilst Pinders’ Jon Chapman kept the

proceedings on track with his usual brand of wicked

wit.

Now in their thirteenth year, the Awards, which have

become a one of the ‘must-go to’ diary dates, aim to

promote and recognise the very best property developments

in the long term care sector. The six

awards cover all aspects of care, for the elderly and

those with physical or learning disabilities, and is not

limited to traditional nursing or residential

homes. Projects involving assisted living, close care,

care villages and combinations of these various

types of care have all been judged, together with extensions

to existing schemes.

The awards are organised jointly by specialist healthcare

consultants Pinders and Caring Business magazine,

with major banks and brokers providing sponsorship.

CARING BUSINESS/PINDERS HEALTHCARE

DESIGN AWARDS 2008

FINALISTS

Best Elderly Care Development (Traditional

Design)

Best Elderly Care Development (Contemporay

Design)

Best Specialist Care Development

Best Extension to an existing home

Provider Development Location

Somerset

Care

Grovelands Yeovil

CLS Care

Services

Belong:

Macclesfield

Macclesfield

Daughters of

Mary & Joseph

Coloma Court

West Whickham

Provider Development Location

Marches Care

Ltd

Uplands at Oxon Bicton Heath

Life Style Care

(2005)

Ashley Gardens Maidstone

Flagswan Two

Limited

Priscilla

Wakefield

House

Tottenham

Provider Development Location

Swanton Care Bayliss Place Kingston upon

Hull

St Andrew’s

Healthcare

Smyth House Northampton

Home from

Home Care

The Old

Vicarage

Stallingborough

Provider Development Location

Somerset Care Wyndham

House

Minehead

Kingsley Care

Homes

Ashefield Woodbridge

Elmwood

Nursing Homes

Pinewood

Nursing Home

Budleigh

Salterton

Best Independent Living Scheme

Best Revival Project

AND: THE WINNERS...

Congratulations to all. The finalists are

an example to all of us just how the sector

can innovate and provide excellence

in the built environment for the benefit of

service users, staff and visitors.

To discuss anything arising from this article or

any of the matters touched upon contact Keith M

Lewin at keith.lewin@brunswicks.eu or telephone

him on 0870 766 8400

Provider Development Location

Barons Park

Care

Barons Park

Care

Kirby Muxloe

Hurst Manor Ltd Hurst Manor

Care Home

Martock

Wellburn Care

Homes

Grimston Court York

Provider Development Location

St Monica Trust Monica Wills

House

Bedminster

Augustinian

Nursing Homes

St George’s

Retreat

Burgess Hill

Retirement

Villages Ltd

Roseland Parc Tregony

Bridgewater

Housing

Lady Elizabeth

House

Maidenhead

Provider Development Location

CLS Care

Services

Belong:

Macclesfield

Macclesfield

Flagswan Two

Limited

Priscilla

Wakefield

House

Tottenham

Home from

Home Care

The Old

Vicarage

Stallingborough

Kingsley Care

Homes

Ashefield Woodbridge

Augustinian

Nursing Homes

St George’s

Retreat

Burgess Hill

Hurst Manor Ltd Hurst Manor

Care Home

Martock

Crisis Intervention Line Number

Crisis Intervention Line 07855 855 588
available 24 hours 365 days

Contact us with a query

Contact us with a query on 0870 766 8400