Editorial
Dignity issues have again, rightly, been put centre
stage by the Government this week.
Ivan Lewis, Parliamentary Under Secretary of State
for Care Services, who announced Dignity Guardians
in March 2007 (since when little has been little
profile) has breathed new life into the concept with
the appointment of Sir Michael Parkinson (the former
chat-show host) as a National Dignity Ambassador
and the announcement of a national tour drawing
attention to issues of dignity – see item 7 in this
issue.
The appointment is undoubtedly going to result in
greater profile for issues of dignity in our hospitals,
care homes and other settings in which care is
delivered.
It is worth reminding ourselves of what people should
be able to expect in terms of preserving and
protecting dignity. As a hall mark of dignity there
should be:
• zero tolerance of all forms of abuse
• support people with the same respect you would
want for yourself or a member of your family
• treat each person as an individual by offering a
personalised service
• enable people to maintain the maximum possible
level of independence, choice and control
• listen and support people to express their needs and
wants
• respect people's right to privacy
• ensure people feel able to complain without fear of
retribution
• engage with family members and carers as care
partners
• assistance for people to maintain confidence and a
positive self esteem
• act to alleviate people's loneliness and isolation
We at Brunswicks wish Sir Michael success in his
new role.
Abuse
1. Rehabilitation unit ‘killed’ my fit mother
25 May 2008 - The Sunday Times
Mike Wilson tells of the demise of his mother, Edna
Purnell, one of a number of people sent to Gossport
War Memorial Hospital where a regime seemingly
consisting of morphine, little or no food and drink or
exercise led to her death in less than a month.
There are now to be inquests into 10 of the 92 recent
deaths.
2. The day I caught a paedophile
24 May 2008 - Daily Mail
Article by Jeremy Vine about the work done by Vine
and researchers from the TV programme ‘Panorama’
in trapping a predatory paedophile, Roger Manning,
43, of Cullompton who was grooming what he took to
be young girls via internet chat-rooms.
The Panorama programme was broadcast on
26.05.08 at 20:30 hrs and can be seen on BBC 1.
3. Why did he lie about that skull?
24 May 2008 - Daily Mail
Item about the ‘fragment of skull’ found at Haut de la
Garenne, Jersey which is coconut shell and the hope
that this knowledge, which was apparently suppressed
by the police officer in charge of the investigation
into the unspeakable abuse and sexual exploitation
at the children’s home, will not derail the investigation
and the quest for justice.
4. Children were dismembered and burnt,
say Jersey police
22 May 2008 - The Times
30 bone fragments and six teeth have been found in
the cellar complex at Haut de la Garenne, Jersey.
Some fragments are reported to show signs that they
were cut up and burned.
5. AEA and PAVAUK Launch Adult Protection
Good Practice - Web Database
21 May 2008 - AEA
Action on Elder Abuse, the only charity in the UK
dealing exclusively with the abuse of older people
and The Practitioner Alliance against Abuse of Vulnerable
Adults UK (PAVAUK) have launched a brand
new innovative Adult Protection good practice database.
The database is launched as part of a Comic Relief
funded project looking to develop good practice in
adult protection work and will be available on both
AEA and PAVAUK websites.
Examples of good practice in adult protection work
have been submitted by a wide range of practitioners
highlighting work in a across a variety of settings including
regulated care settings, financial institutions
and domestic settings.
Commenting on the launch of the database Gary Fitzgerald
Chief Executive of AEA said “We are delighted
to launch the Good Practice Database with
PAVAUK. Within the current context of funding and
competition it is always difficult to get practitioners to
talk about the work they are doing to protect vulnerable
adults from abuse. However, it is clear from the
many examples already on our database that there is
some extremely innovative work going on. We hope
that practitioners will make use of this resource leading
to improved outcomes for victims of abuse”
Chair of PAVA, Pete Morgan said “PAVAUK are committed
to supporting practitioners in their work with
vulnerable adults to protect them from abuse in all its
forms and to reduce its impact on their lives. We are
pleased to continue our history of partnership with
AEA in developing a resource that will enable practitioners
to share the breadth of their knowledge, expertise
and experience to enable vulnerable adults to
be both protected and empowered to protect themselves."
6. ECCA Welcomes Minister’s Commitment
to Dignity
20 May 2008 - ECCA
The English Community Care Association welcomed
the Ministerial announcement that Sir Michael Parkinson
will lead on the Government’s approach to dignity
in care.
Martin Green, Chief Executive of ECCA, says:
“The Care Services Minister, Ivan Lewis has today
given fresh impetus to the Government’s commitment
to delivering dignity in health and social care services,
and we look to local authorities to commission and
support services that are resourced to deliver the
Government’s dignity objectives
7. Sir Michael Parkinson appointed National
Dignity Ambassador
20 May 2008 - COI
Government launches national dignity tour
Sir Michael Parkinson is to become National Dignity
Ambassador for the Government's drive to ensure
that all older people using care and health services
are treated with dignity and respect at all times. To
mark the appointment, Michael Parkinson joined
Care Services Minister Ivan Lewis, at the launch of a
National Dignity Tour at Guys and St Thomas's Hospital,
in London.
The aim of the tour, which is set to visit every region
in England, is to raise the profile of the Dignity in
Care campaign, launched by Ivan Lewis last year,
and encourage more people to become Dignity
Champions, spreading best practice and giving advice
to other health and social workers.
Ivan Lewis also announced further measures to
strengthen the government's Dignity In Care Campaign:
- The Government will propose that the new NHS
Constitution, to be published this year, explicitly recognise
that a world class NHS must give a new priority
to dignity and respect for patients alongside
high quality medical care
- The Government will open discussions with Local
Authorities on the provisions of joint residential care
for elderly couples, with a view to making it clear that
other than in exceptional circumstances, couples
requiring care should not be separated, and the
needs of both people are properly taken into account
- The Government's intention to double the number
of volunteers and paid staff who have signed up as
Dignity Champions to 3000 by the end of the year.
Care services Minister Ivan Lewis said:
"I want NHS and Social Care services to apply a simple
test - if it wouldn't be good enough for my Mum
and Dad why should it be good enough for someone
else's?
"Our Dignity in Care campaign has struck a real
chord with older people, their families and front line
staff. Too often, they themselves describe experiences
that are not acceptable.
"Today's appointment of Sir Michael Parkinson, and
our commitment to put patient dignity and respect at
the heart of the NHS Constitution, represent major
advances for our campaign.
"We have made progress but this has to be a longterm
partnership between government, managers,
front-line staff, families and the wider community to
ensure dignity and respect are at the heart of care in
NHS wards, care homes and home care services.
"In the same way as investing in the younger generation
will determine the success of our country, our
treatment of older people will determine its character."
The new Dignity Ambassador Sir Michael Parkinson
said:
"I am honoured to take on this role as Ambassador
for the Government's Dignity In Care campaign.
"I have always had immense respect for the contribution
older people have made to our country. Like
many others I have experienced the care system in
the past as the son of elderly parents.
"Dignity is about being treated as an individual with
respect and compassion. I intend to use my role to
make a real difference and ensure the issue of dignity
moves to the heart of all NHS and care services."
To support the dignity campaign further, the Department
of Health will be launching a revamped website
this summer to support Dignity Champions. Full of
new features, the website will enable champions to
become more effective in sharing best practice and
networking locally with each other .
To reward organisations who develop their staff to
provide high quality services, we are entering into a
partnership with Skills for Care on the Accolades
Awards. We will be looking to highlight excellent examples
of dignity in care from 2009 by developing a
specific focus on dignity in the awards categories.
Business News
8. Care UK Plc, the leading health and social care
provider, is pleased to announce half-yearly results
for the six months ended 31 March 2008.
Highlights
Six months ended 31 March
Amounts in £m unless stated 2008 2007 % change
Revenue: group and share of joint venture 166.7 118.0 +41
Adjusted operating profit 15.9 11.6 +37
Operating (loss)/ profit (3.8) 10.0 -
Adjusted profit before taxation 8.7 7.1 +23
8. Care UK Plc (continued…)
9. Nestor Healthcare Group PLC
19 May 2008
Nestor Healthcare Group plc announced its first Interim
Management Statement as required by the UK
Listing Authority's Disclosure and Transparency
Rules. The statement covered the period from 1
January 2008 to date
Financial performance
Group results for the first four months of the year are
in line with the directors' current expectations.
Social Care revenue is in line with last year, with the
benefit of last year's acquisitions compensating for
shortfalls in certain branches where care worker recruitment
remains an issue. A number of new initiatives
have been introduced to address recruitment
and are being tailored to the local branch needs. The
Hertfordshire contract continues to perform well with
improving volume and profitability. In April, the Group
announced the winning of a new contract with Surrey
County Council worth up to 5,000 hours per week.
Recruitment of care workers has now started, premises
have been secured and an implementation plan
is in place with the aim of taking care packages by
the end of June.
Nestor has been successful with Manchester City
Council, being awarded up to 2,100 hours per week
starting in the next few months; this is in addition to
700 hours of existing business, which has been successfully
retained. Tender activity remains high and
competitive, with a noticeable trend towards a rationalisation
of service providers. The steps taken to improve
our quality are evident with the large majority of
CSCI audit scores showing an improvement from the
previous branch visit.
In Primary Care the focus of attention is the upcoming
increase in tender activity, resulting particularly
from the Darzi initiative with regard to GP access,
through extended hours, additional practices and GPled
health centres. Every Primary Care Trust (PCT)
in the country is expected to operate such a health
centre by the beginning of 2009; in addition around
40 PCTs, in currently under-doctored areas, are to
commission extra GP surgeries. Our experience in
running a similar service for a number of PCTs in the
North East of England will be a valuable reference
point. Whilst this level of activity is encouraging, any
new contracts awarded would not enhance the results
for 2008. The PCTs targeted will be those where
we have an established relationship through our current
services. The tender process will be resourced
through a combination of internal business development
staff and the selective use of consultancy expertise
and local clinicians. Elsewhere the day-to-day
operations of the business continue to provide an
excellent service with all existing contracts being in
place until at least March 2009.
There has been no significant change in the financial
position of the Group since the preliminary announcement
of its results for the year to 31 December 2007.
Borrowings as at 2 May 2008 were £56.9m, a reduction
of £1.1m from the level reported as at 31 December
2007. Part of the reduction in borrowings is due to
debtor days outstanding, where the position at the
year-end of 43 days has improved to 35 days. This
has been offset by previously planned payments into
our existing defined benefit pension schemes of
£1.8m, as well as deferred consideration payable of
£0.4m in respect of acquisitions completed in 2007.
Bank facilities and interest rate derivative contracts
remain unchanged from the 2007 year-end position.
On 4 January 2008, the Board announced that it had
received unsolicited preliminary approaches that
might or might not have led to an offer being made to
acquire the Company. For a period of three months
the Board and senior managers pursued discussions
with the potential offerors but ultimately the Board, in
consultation with its major shareholders, believed that
the proposed indicative offers undervalued the Company.
On 7 April 2008 it was announced that talks
had been terminated with all parties. At the same
time it was announced that Stephen Booty would
stand down as Chief Executive Officer and this became
effective on 30 April 2008. The process of appointing
a successor is ongoing.
(Loss)/profit before taxation (9.6) 6.8 -
Adjusted basic EPS 10.99p 9.80p +12
Basic EPS (19.23p) 9.16p -
Interim dividend proposed 1.33p 1.22p +9
10. EXCELCARE EMBARKS UPON LATEST
PHASE OF GROWTH
19 May 2008
Excelcare Holdings (Excelcare) with over 1800 beds,
across 39 homes in the UK, announced the start
of its latest period of growth and development.
The company has unveiled plans for supporting developments
and re-openings in Cambridgeshire Milton
Keynes and Essex representing a substantial
financial commitment from Excelcare Holdings to
provide the highest quality of care to service users.
Osman Ertosun, Chief Executive at Excelcare Holdings
Plc said:
"All redevelopments will be undertaken with the
needs of service users and their families as a top
priority.
"I am very proud indeed to be leading Excelcare
Holdings into this exciting new phase of the Group's
development. The driving ethos behind these exciting
plans is to provide care where individuals local to
their community in facilities fit for the 21st century
providing improved quality provision.”
11. Private firms bid for NHS hospital
May 2008 - HealthInvestor
Interhealth Canada and Anglia Health Solutions have
made a joint bid to take over Hinchinbrooke hospital,
Cambridge which has a financial headache – a £40m
debt.
12. Bottomed out
May 2008 – Health Investor
Article which opines that the stock values of healthcare
sector stocks are sufficiently low – between
75% and 25% less than the 12 month high – that
they are worth buying.
13. Back for good
May 2008 – Health Investor
Article looking at the medical insurance market which
has experienced a renaissance over the past couple
of years.
Ed. If the economy continues to slow as it has
been doing, those who pay for private medical
insurance may review what they spend their hardearned
cash on. Unless, that is, they live near
one of those NHS hospitals renowned for the
prevalence of MRSA, C. diff etc. which is killing
about 30 people a day!
14. The Specialist
May 2008 – Health Investor
David porter, managing partner of private equity firm
Apposite Capital, talks of his view that as the only
sector specialist, more private equity firms will follow
their example and specialise in a given sector. That
being so, more smart money is likely to come into
health and social care.
Care Homes
15. A series of reports into living in a care
home
BBC Radio 4
Each day, starting on Monday 02.06.08, during the
‘Today’ programme between 06:00 hrs and 09:00 hrs
there will be broadcasts reporting on the inside of
care homes in the UK; reporting both on the good
practices found and the bad.
16. Couple's fear over care home row
20 May 2008 – BBC News
Thomas Bashford and his wife could be forced to live
apart because of a row over care. They are approaching
their 60th wedding anniversary but after a
heart attack, social services is considering putting Mr
Bashford in a home. His wife has been told that if she
wanted to live with him, she would have to pay £500
a week because she can still care for herself.
Hampshire County Council said a final decision was
yet to be made.
For full report click here
Care Quality Commission
17. There may be trouble ahead
May 2008 - HealthInvestor
Martin Green, CEO of English Community Care Association
considers the destabilisation of yet another
new regulator for the care sector and most importantly,
the breach of the covenant between local authorities
and care providers whereby local authorities
expect care providers to continue to provide care of
the same, or better quality, as before effectively for
less money as the providers’ overheads have soared.
However, Mr Green concludes that demographics will
ensure a rosy future as the number of older people
increases.
Case Reports
Law Reports
18. Chyc v General Medical Council
In a judicial review case the Administrative Court held
that an appeal under the Medical Act 1983 s.40
against the findings of fact of a fitness to practise
panel should be dismissed, as the panel had been
plainly entitled to come to such conclusions on the
evidence and had taken full opportunity to consider
that evidence carefully and conscientiously.
19. Peters (by her Litigation Friend Susan
Mary Miles) v (1) East Midlands Strategic
Health Authority (2) Halstead and Nottingham
City Council (part 20 defendant)
Where a person was left gravely handicapped as a
result of the negligence of a health authority, but the
local authority also had a statutory obligation under
the National Assistance Act 1948 s.21 to provide for
the costs of that person’s care in a private care
home, both the health authority and the local authority
were liable to the person for the future costs of her
care.
20. R (on the application of C) v Lambeth
London Borough Council
Lambeth acted in breach of its duties under the Children
Act 1989 and the Children (Leaving Care) Act
2000 when it failed to produce an implementable
pathway plan for a former "looked after" child.
Disciplinary cases
Nothing to report
Cases in the news
21. Nurses sentenced over fit death
22 May 2008 – BBC News
Nurses Eileen Murphy and Harjinder Mangat have
been given suspended jail terms for failing to help a
woman during a fit that lasted over two hours.
For full report click here
22. Murder nurse in conviction appeal
22 May 2008 – BBC News
Colin Norris, the nurse jailed for murdering elderly
patients in his care by injecting them with insulin has
launched a bid to appeal against his conviction in
2002.
He was found guilty of killing four women at Leeds
General Infirmary and St James’s Hospital.
For full report click here
23. Coroner records care home death as accident
21 May 2008 – South Yorkshire Times
An inquest has heard that May Davies, 96-years-old
died as a result of inhaling food particles around a
month earlier. She was found dead by care home
staff at Broadacres Care Home, Parkgate on 14
March this year.
Coroner Stanley Hooper recorded that her death was
due to an accident.
For full report go to http://www.southyorkshiretimes.co.uk/
news/Coroner-records-care-home-death.4105664.jp
24. Straw backs care home call
21 May 2008 – icSolihull
Jack Straw, Secretary of State for Justice has ordered
an inquest into the death of Leslie Vines at the
Maypole Nursing Home. The pensioner died in September
2002 just ten days after moving into the
home.
For full report go to http://icsolihull.icnetwork.co.uk/news/
l o c a l / t m _ h e a d l i n e = s t r a w - b a c k s - c a r e - h o m e -
call&method=full&objectid=20945004&siteid=91411-
name_page.html
25. Law lords dismiss care home case
21 May 2008 – BBC News
Five law lords have ruled that two former residents of
a Glasgow children’s home left it too late to bring their
case of alleged abuse at Nazareth House in Cardonald
during the 1960s and 1970s. The ruling upheld
the original judgement at the Court of Session last
year which stated the claims were time barred and
has ended potential action from about 450 other people.
For full report click here
26. Carer jailed over fatal neglect
20 May 2008 – BBC News
Kathleen Vitturini of Abbeycroft Care Home, Bispham,
has been jailed for neglecting an Alzheimer's disease
sufferer who died in October 2004 of pneumonia and
septicaemia.
Vitturini, 62, pleaded guilty and was sentenced to six
months in jail.
For full report click here
Children
27. Ofsted Report on Children and Family
Court Advisory and Support Service South
East
22 May 2008 – Ofsted
An inspection report covering the service provision by
the Children and Family Court Advisory and Support
Service to children and families in the South East.
For full report go to http://www.ofsted.gov.uk/portal/site/
Internet/menuitem.eace3f09a603f6d9c3172a8a08c08a0c/?
vgnextoid=4ef11cec1ab0a110VgnVCM1000003507640aRCRD
Conferences & Courses
To follow next week
Consultations
28. 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
29. 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
30. 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
31. Children and Adoption Act 2006: Court
rules – Consultation
Closing Date: 20 June 2008
A consultation seeking views on draft court rules and
forms to support the implementation of the remaining
provisions of the Children and Adoption Act 2006.
These provisions would then enable courts to use
contact activities to help resolve child contact disputes
and give them more flexible powers to enforce
contact orders.
For full consultation go to http://www.justice.gov.uk/
publications/cp0708.htm
32. Consultation: Human rights inquiry
Closing Date: 21 June 2008
Consultation seeking views on how public authorities,
such as hospitals, schools or local and national government
offices, make sure they treat people well and
in line with legal requirements under the Human
Rights Act.
For consultation go to http://www.equalityhumanrights.com/
e n / p r o j e c t s / h u m a n r i g h t s i n q u i r y / P a g e s /
Gatheringevidence.aspx
33. 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
34. 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
35. 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
36. Call for Evidence: The Child and Adolescent
Mental Health Services review - Next
steps to improving the emotional well-being
and mental health of children and young people
Closing date: 7 July 2008
This consultation calls for evidence on how universal,
targeted and specialist services can be improved to
meet the needs of children and young people who are
experiencing, or are at risk of, mental health problems.
For consultation click here
37. NICE: Current consultations
To browse through consultations go to http://www.nice.org.uk/
page.aspx?o=consultations.current
38. The General Medical Council
(Constitution) Order 2008: A paper for consultation
Closing Date: 11 July 2008
A draft order setting out a proposed constitution for
the GMC, providing details of the composition of the
council, the terms of office of council members, and
criteria for the disqualification, suspension or removal
of members from office.
For consultation click here
CSCI, CSSIW, Healthcare
Commission &
Scottish Care Commission
Nothing to report
Education
39. Looked After Children: Good practice in
schools
22 May 2008 – Ofsted
A report which is based on a small-scale survey of
good practice on looked after children in schools,
however, it does not cover all aspects of looked after
children. It does illustrate good practice for others to
consider.
For full report go to http://www.ofsted.gov.uk/portal/site/
Internet/menuitem.eace3f09a603f6d9c3172a8a08c08a0c/?
vgnextoid=b6bd1cec1ab0a110VgnVCM1000003507640aRCRD
Ireland, Scotland & Wales
Ireland
40. Parking fees waived for very ill
21 May 2008 – BBC News
The Health Minister in Northern Ireland has announced
that seriously-ill patients will not need to pay
for hospital car parking.
Michael McGimpsey introduced the changes after
carrying out a review into hospital parking.
Patients suffering from cancer, and requiring chemotherapy
or radiotherapy and those receiving renal
dialysis will not pay car parking fees.
For full report click here
Scotland
41. Rethink On Heating Scheme For Elderly
23 May 2008 – Evening Times
Scottish Health Secretary Nicola Sturgeon has been
forced to announce that universal provision of free
central heating for the elderly will be abandoned, and
instead, there would be a more targeted approach to
providing heating.
She told MSPs that future applicants will be subject to
"prioritisation", as she announced a review into the
system.
For full report go to http://www.eveningtimes.co.uk/
display.var.2292859.0.0.php?utag=28804
42. NHS Boards To Face The Public
22 May 2008 – Evening Times
From June, patients and campaigners will be able to
‘have a go’ at health bosses in person if they don’t
like the way their services are being run.
The health boards will have to open their meetings to
questions from the floor when they have their annual
review, and the public will also be able to take Health
Secretary Nicola Sturgeon to task if they feel she’s
not doing enough for health provisioning.
For full report go to http://www.eveningtimes.co.uk/
display.var.2288445.0.0.php?utag=28804
43. Probe into dumped health records
22 May 2008 – BBC News
The Scottish Government has launched an inquiry
into how documents containing patient information
were left at an abandoned hospital. NHS Tayside
has admitted responsibility for the situation.
The documents were found by a concerned resident
at Strathmartine Hospital on the outskirts of Dundee
which included details about a girl's adoption and a
child with foetal alcohol syndrome.
For full report click here
44. Revised Residential Care Charges
Scottish Care & Care Home Industry News
April 2008
Charging_for_Residential_Accommodation_Guidance_-
_Changes_from_April_2008_-_CCD_Circular_2_2008_1.doc
Charging_for_Residential_Accommodation_Guidance_-
_Changes_from_April_2008_-
_guidance_effective_from_7_April_2008_1.doc
45. Hundreds die awaiting care refund
21 May 2008 – BBC News
Recent figures show that almost 1,800 people have
died in South West Scotland before receiving a care
charge refund that they were entitled to. Only 359
individuals are still alive to receive their repayments.
As a result, a total of £1.5m has been set aside to
make the refunds and the council has said it will take
steps to track down relatives of anyone who has died.
For full report click here
Wales
46. 'Champion' to tackle NHS violence
22 May 2008 – BBC News
David Francis, a former south Wales deputy chief
constable, has been appointed to drive forward protection
for Welsh NHS staff from violence.
He will help to implement such measures as police
patrols, CCTV and staff training which are currently
being costed.
For full report click here
47. NHS trust merger for north Wales
21 May 2008 – BBC News
Two NHS trusts in north Wales have had the goahead
to merge. The new North Wales NHS Trust
will take over from the current Conwy and Dengighshire
and North East Wales NHS trusts in July.
The merger will bring over 11,000 staff together under
the same managers to provide health services
for over 520,000 people.
For full report click here
48. Nurses' working hours 'too long'
21 May 2008 – BBC News
The Royal College of Nursing say that the Welsh
Assembly Government must address the number of
excess hours currently being worked by nurses.
Recently released annual employment figures show
that Welsh nurses work an average of more than four
hours unpaid every week, and more than seven if
they do overtime.
For full report click here
Learning Disabilities
49. Learning Disability Week approaches
22 May 2008 - Mencap
Learning Disability Week will run from 15 to 21 June
2008, with the aim of raising awareness of the issues
of employment for people with a learning disability.
Jane Alltimes, Mencap campaigns officer, explains:
“We want to change attitudes and get employers and
employees to think about employing a person with a
learning disability. The activity during the week will
support our ongoing campaigning work to address
some of the barriers to employment faced by people
with a learning disability, such as benefits and support.”
50. Athletes with learning disability could
miss out on 2012
22 May 2008 - MENCAP
Following widespread cheating by Spanish athletes
competing in Paralympics events claiming individuals
had learning disabilities the category was cut. Mencap
is lobbying for the rules to be revisited.
Legislation Update
51. No. 1320 (C.57)The Safeguarding Vulnerable
Groups Act 2006 (Commencement No.
2) Order 2008
21 May 2008 – OPSI
For full legislation click here
52. The Protection of Children (Scotland) Act
2003 (Amendment of the Definition of Child
Care Position) Order 2008
20 May 2008 – OPSI
For full legislation click here
53. No. 1315 The Mental Capacity
(Deprivation of Liberty: Appointment of Relevant
Person’s Representative) Regulations
2008
20 May 2008 – OPSI
For full legislation click here
54. The Mental Capacity (Deprivation of Liberty:
Standard Authorisations, Assessments
and Ordinary Residence) Regulations 2008
20 May 2008 – OPSI
For full legislation click here
55. Protection of Vulnerable Groups
(Scotland) Act 2007 c.14
19 May 2008 – OPSI
For full legislation click here
56. Management of Dementia in Care Homes
Bill
Public (Private Member's Bill under the Ten Minute
Rule SO No.23) (HC)
Mental Health
57. Mental Health Foundation lures King’s
Fund senior fellow for top policy position
21 May 2008
Simon Lawton-Smith is the new Head of Policy at the
Mental Health Foundation, replacing Moira Fraser
who has moved to the Royal National Institute of
Blind People.
Lawton-Smith joins the Foundation after four years as
Senior Fellow in Mental Health at the King's Fund, the
influential health policy and research think-tank. He
He has worked in the mental health sector since
1996, including a period as Head of Public Affairs at
national mental health charity Together.
On his appointment to the Foundation, Lawton-Smith
said: “I am delighted to be joining the Foundation and
building on its impressive record of mental health
policy work. There is an increasing recognition that
mental health is crucial to the well-being of everyone
in the UK. I expect the Foundation to play a central
role in influencing future mental health policy.”
Miscellaneous
58. Health minister’s expenses scam
25 May 2008 - The Sunday Times
Ann Keen an health minister together with her backbench
husband, Alan, 70, have insured his life for
£430,000 and claimed the premiums as parliamentary
expenses.
They have also claimed £170,000 for a flat near to
Parliament – they have a constituency home nine
miles away.
59. Short-cut to euthanasia?
24 May 2008 - Daily Mail
Salford City Council has issued 10,000 cards for residents
to carry which unlike ‘donor cards’ notify medics
of an advance decision taken to refuse treatment.
The article incorrectly refers to the Mental Capacity
Act as having come into force in 1997.
Ed. I guess if enough people in Salford make
advance decisions to refuse medical treatment in
certain circumstances it will keep the council’s
annual budget for social care lower than it might
otherwise be!
60. Doctors in accommodation protest
22 May 2008 – BBC News
Demonstrations by junior doctors have taken place at
hospitals in Plymouth, Exeter and Truro after the
Government announced its decision to scrap free
accommodation for first-year doctors.
The Government is arguing that new legislation to
reduce the hours worked by junior doctors means it is
no longer necessary to provide accommodation.
The British Medical Association claims it equals a
£4,800 annual pay cut.
For full report click here
61. The responsible pharmacist regulations:
a summary of the responses to public consultation
on proposals for the content of the
regulations
22 May 2008 – DoH
In October 2007 the Department of Health published
a consultation paper seeking views on proposals for
the content of the responsible pharmacist regulations,
this document gives a summary of the responses to
the consultation.
For full report click here
62. Risk and Reward
22 May 2008 - ECCA
The English Community Care Association welcomed
the development of a new risk management system
for the social care sector.
Martin Green, Chief Executive of ECCA, said:
“The way in which service providers both identify and
manage risk is at the heart of the delivery of high
quality care. It is important that the approach to risk
is systematic and that providers have an evidential
base to ensure they satisfy the requirements of a
regulated sector. The thing that stands about the AccessRM
system is that it is being developed with sector
involvement and this will ensure that it is fit for purpose
and easy to use”.
63. Health Secretary welcomes recommendations
to improve GP access
22 May 2008 - COI
Health Secretary Alan Johnson has committed to creating
more responsive and accessible primary care
for black and minority ethnic groups (BME) groups,
following the recommendations of two reports published
today that identify ways of improving access
and responsiveness of GP services.
The programme brings together existing work to extend
GP opening hours and to invest £250 million in
establishing additional primary care services that increase
access and patient choice, together with fresh
action to ensure that these additional services create
more responsive and accessible primary care for
BME groups.
Alan Johnson said:
"We recognise that while the overwhelming majority
of patients are happy with their experience of GP services
there are pockets of dissatisfaction where improvements
can be achieved - particularly in some
BME groups.
"We welcome the findings of these two reports and
are committed to implementing their recommendations.
They will build on improvements underway in
access and choice, where we are investing an additional
£250 million to establish over 150 new GP-led
health centres in addition to existing services and
over 100 new GP practices in under-served areas.
"These new services will not replace existing family
doctors, but will give the public, and many hard to
reach groups, extra access to primary care and a
wider range of community health services that better
meet their needs."
Joint Department of Health and Healthcare Commission
statistics are published today on the self reported
experience of patients from black and minority
ethnic groups. A copy of the report can be found at:
http://www.dh.gov.uk/en/Publicationsandstatistics/
Publications/PublicationsStatistics/DH_084921
64. Google Health Launched
21 May 2008
Google Health is an online service to manage personal
health records and access health tools and
online advice.
Ed. I am as cynical of this as I am of the NHS National
IT project which wants all my health records
accessible nationally!
65. The card that lets you choose death
21 May 2008 – BBC News
An article debating the new controversial “right to
die” card being offered to the public which allows
anyone to refuse treatment in a medical emergency.
For full report click here
66. Ofsted Departmental Report 2007-08
21 May 2008 – Ofsted
Departmental report focusing on Ofsted's work in its
first year of operation from April 2007 to the end of
March 2008.
For full report go to http://www.ofsted.gov.uk/portal/site/
Internet/menuitem.eace3f09a603f6d9c3172a8a08c08a0c/?
vgnextoid=d86273b6f81e9110VgnVCM1000003507640aRCRD
67. Dignity in Care - in Lancashire
20 May 2008 - Lancashire Care Association
“I was really pleased with the packed turn out for the
first ‘Learning Together’ Workshop with Lancashire
County Council, organised in the LCA spring seminar
slot. The free event, focusing on the Dignity in Care
Charter (and DH toolkit) and on care homes’ issues
(including ‘top-ups’, social care funding, and gross
fees), was extremely well attended by council operational
staff and care providers. The ‘main event’ was
the online signing of the Lancashire Dignity in Care
Charter by Ken Nolan, for LCA, and Cllr Chris
Cheetham for LCC. The things I took from the session
were, firstly, the very positive feeling which permeated
the room, something which hasn’t always
been the case when the county council and the independent
sector get together and, secondly, a reminder
from Richard Jones, Executive Director for
Adult and Community Services at LCC, of the common
moral purpose we share. I do think there is now
a much closer shared understanding of that purpose,
how we ensure best practice, and how we resource
it.” Paul Simic, CEO
68. New consent guidance for doctors
19 May 2008 – BBC News
The General Medical Council has announced that it
wants a new approach to be taken in the way doctors
seek patient consent for treatment. The council has,
for the first time set out the need to share information
on side effects and risks, and outlines good practice
for dementia patients.
Doctors will also be expected to help patients consider
their options.
For full report click here
69. Impact Assessment of Nursing and Midwifery
(Amendment) Order 2008
20 May 2008 – DoH
For full report click here
70. Department of Health: Departmental Report
2008
19 May 2008 – DoH
The Department of Health’s eighteenth annual report.
This plays a key role in the Department’s accountability
to Parliament for its management of the public
money invested in health and social care.
For full report click here
71. Independent Safeguarding Authority announces
its Board Members
19 May 2008 – CRB
The new ten board members’ appointments to the
Independent Safeguarding Authority’s board has
been announced. The Board will oversee the delivery
of a new vetting and barring process, was announced
today.
From November 2008 the ISA board seek to improve
the safety of children and vulnerable adults by assuming
responsibility for deciding who is placed on
the existing barring lists, a role currently partly carried
out by ministers.
For full report click here
72. Quangos cost £64bn
19 May 2008 - The Times
The TaxPayers’ Alliance using freedom of information
rules has learned that of the 1,100 unelected
government-funded bodies they ‘consume’ £64 billion.
Ed. No wonder the Chancellor of the Exchequer
wants the Criminal Records Bureau, CSCI and so
many other regulatory bodies to become ‘selffunding’.
73. Living in hope
May 2008 - HealthInvestor
Will the concept of Polyclinics provide a fillip for the
Local Improvement Finance Trusts (Lift), launched
in 2004 and running out of ‘puff’? The Government
has ordered all 152 PCTs in England and Wales to
build a polyclinic – so, it seems so.
74. Best laid plans
May 2008 - HealthInvestor
Douglas Brown sets out his views of the need to
overhaul NHS commissioning if pharmacies are to
provide more health services – the so called ‘healthy
living centres’.
75. The genie is out of the bottle
May 2008 - HealthInvestor
John Elledge on the prospects of GP practices securing
all of the contracts to provide ‘out of hours’
primary care.
NHS
76. NHS ordered to end care bias against
men
25 May 2008 - The Sunday Times
The Equality and Human Rights Commission has
ordered the NHS to end the discrimination against
men – although no specific examples are given.
77. Chief Executive sought for NHS Confederation
Package £190,000.
78. Rehabilitation unit ‘killed’ my fit mother
25 May 2008 - The Sunday Times
For full report see NHS—item ??
79. Hospital in dying woman visit row
23 May 2008 – BBC News
Hospital bosses at South Tyneside District Hospital
are conducting an investigation into why a nurse
barred a daughter from her dying mother’s bedside.
Margaret Hudson of Jarrow was ordered to go home
while her 107-year-old mother was calling out her
name.
The 75-year-old returned later but had only minutes
with her mother before she died. The hospital has
now apologised, saying staff should have let her stay.
For full report click here
80. Statistics reveal infection death hot spots
23 May 2008 – Health Service Journal
The Office for National Statistics has published its
first report on deaths involving MRSA and C difficile,
which shows that 217 hospitals and one hospice account
for more than 80 per cent of the total number of
deaths in England and Wales.
81. Hospital deep clean is not the answer to
MRSA, says expert
22 May 2008 – Daily Mail
Professor Peter Borriello has said that the deep clean
of hospitals is no more than a ‘psychological reminder’
of the risks posed by superbugs such as
MRSA.
The infections expert said that he doubted that the
£50million hygiene blitz by the Health Service would
actually do anything to stop the spread of MRSA.
For full report go to http://www.dailymail.co.uk/health/article-
1021085/Hospital-deep-clean-answer-MRSA-says-expert.html
82. HSJ survey: chiefs and managers at odds
on patient safety
22 May 2008 - HSJ
A poll by the Health Service Journal has revealed that
most trust boards are prioritising finances and government
targets over infection control.
More on the survey results
83. Family fury over double infection
21 May 2008 – BBC News
Keith Humphrey’s family have spoken of their anger
after he caught two infections and lost almost half his
body weight after contracting both MRSA and C.diff
whilst recovering from oesophageal cancer.
His wife blamed poor hygiene on his ward for the infections.
Nottingham University Hospitals Trust has
apologised and said that "considerable extra work
has been carried out in recent months to improve hygiene
and patient safety in our hospitals".
For full report click here
84. Hospital's zero tolerance to bugs
21 May 2008 – BBC News
Plymouth’s Derriford hospital has announced that it is
introducing a series of new measures to reduce
cases of hospital bugs, despite the fact it already has
one of the lowest rates of C.diff.
It is adopting what it calls a zero tolerance approach
with all MRSA infections and serious cases of C.diff
being reviewed by the chief executive and his team.
For full report click here
85. Patient safety worry over records
21 May 2008 – BBC News
An investigation by the Health Service Journal has
revealed that thousands of outpatient appointments
take place without the patient’s records. A medical
expert stated that it was dangerous not to have patient
records available amid widespread concern that
there was no standardised way to measure how
many patient records are missing each year.
For full report click here
86. Confidential health records lost
20 May 2008 – BBC News
The Isle of Wight NHS Primary Care Trust has admitted
losing confidential health records of over 38,000
patients after a computer back-up tape was lost by a
courier firm. The tape contained records of patients
dating back to July 1996 and it failed to arrive when
sent back from a specialist software checking firm in
March.
The Isle of Wight NHS Primary Care Trust fears that
"it may be lost forever".
For full report click here
87. Department of Health: Information governance
assurance programme
20 May 2008 – DoH
A letter from NHS Chief Executive David Nicholson
to draw attention to actions needed on information
governance policies and processes.
For full report click here
88. The Great Divide
May 2008 - HealthInvestor
A two page article from John Moore in which he examines
the gap in health policy between England
and the other countries of the UK.
89. The big NHS sell-off
May 2008 - HealthInvestor
Peter Mitchell shares his views over two pages of the
potential for much of the NHS estate in London ending
up in the ownership of private developers.
Nursing
Nothing to report
Older People
90. Help the Aged and Age Concern England
agree merger in principle
21 May 2008 – Community Care
Help the Aged and Age Concern England have
agreed in principle to form a single charity to help
older people in the UK and abroad.
For full report click here
91. Alan Johnson pledges action to help
older people access services
21 May 2008 – NCF
JOHNSON - OLD AGE IS THE NEW MIDDLE
AGE
21 May 2008 - COI
Health Secretary Alan Johnson called on the NHS to
rise to the challenge of providing more and better
preventative care for older people.
Outlining a package of measures to empower older
people to live longer, healthier and more independent
lives, Mr Johnson said local health and social care
providers needed to work more closely to build on
services already provided and ensure people know to
what they are entitled.
The Health Secretary acknowledged the provision of
health and social care services for older people was
patchy with some areas already ahead of the game
while others had a long way to go.
Mr Johnson said:
“People are living longer and that is to be celebrated.
But I want to ensure, where possible, those
extra years are quality years where people have and
are aware of basic entitlements to help them lead
healthy, independent lives. Our aim must be to make
quality of life stretch right to the end of life.
“Many of those entitlements already exist, but people
may not be aware of them. In other areas, there is
more work to be done. Over the coming months, I
will be talking to local health and care providers about
ways to provide more and better preventative care for
older people.
“We are not starting from a low base. Much has already
been done. But I want today’s announcement
to be the first step on the next stage of our journey
towards better, more personalised care. We want to
ensure that older people see their local services improve,
and that it becomes easier for them to access
and use these services.
“Improving services for older people should be a priority
for the NHS.”
For NCF report click here
92. Our response to government drive on
dignity
20 May 2008 – Age Concern
Gordon Lishman, Director General of Age Concern,
said:
“It is very welcome that the Government are encouraging
more people to become dignity champions and
have recognised failures in the system. However,
there is still a huge way to go in treating patients with
the dignity and respect they deserve.”
“Older people are the main users of health and social
care services but despite this neither the provision of
services nor training of professionals recognises this
fact. Ageist practices and unacceptable breaches of
people’s rights – such as couples being split up – are
still occurring.”
For full report go to http://www.ageconcern.org.uk/
AgeConcern/7979DE530BE74E079FA6AFF7CD7BC872.asp
93. Parkinson in 'dignity' campaign
20 May 2008 – BBC News
Sir Michael Parkinson has been appointed a “dignity
ambassador” for a Government campaign encouraging
more respect for older people in care. Sir Michael
said he wanted to “make a real difference” to
dignity in NHS care and the campaign is calling for
more NHS staff and volunteers to be “dignity champions”.
For full report click here
94. 'It is about dignity and respect'
20 May 2008 – BBC News
Article looking at the issue of single and mixed-sex
wards with one family’s recent experience in a Telford
hospital.
For full report click here
95. SCIE welcomes national dignity tour
20 May 2008 – SCIE
The Social Care Institute for Excellence (SCIE) has
welcomed the National Dignity Tour launched by the
Department for Health.
The Chair of SCIE, Allan Bowman, said:
"Dignity is not always easy to define, but what is clear
is that people know when they have not been treated
with it. The Dignity in Care campaign has made good
progress communicating the meaning of dignity to
people working in social care and we’ve been
pleased with the positive response from across the
sector. Now it’s time for the workforce to take the
campaign forward, champion dignity and share innovative
practice."
For full report go to http://www.scie.org.uk/news/
mediareleases/2008/200508.asp
Parliament
05.06.08 – HoL - Lord Ashley of Stoke to call attention
to the 30th anniversary of disability rights legislation
covering the whole of the United Kingdom and
the progress of disability rights; and to move for papers.
06.06.08 – HoC - HUMAN RIGHTS ACT 1998
(MEANING OF PUBLIC FUNCTION) BILL: Second
Reading.
Member in charge: Mr Andrew Dismore
Social Care
Nothing to report
Staff, employment and
disciplinary
Nothing to report
THE EMPLOYMENT BILL -
ALL CHANGE?
It is less than two years since the statutory dismissal,
disciplinary and grievance procedures were introduced.
The procedures were intended to implement
a speedy resolution of employer/employee disputes,
but, on a practical level, it is doubtful whether they
actually achieved anything like their goal.
Many regard these procedures as too cumbersome
and restrictive, particularly in the context of relatively
minor grievances. They also provided trade union
officials and lawyers with a golden opportunity to
take technical points as to jurisdiction, procedures
leading up to dismissal and so forth.
The existing procedures will have to be followed this
year and until such time as the Bill becomes the Employment
Act. However, when the Bill becomes law
and the essential changes it will introduce are as follows:
• Repeal of the standard and modified disciplinary
and dismissal procedures.
• Repeal of the specific requirement for a grievance
to be lodged before any claim can be pursued in
the Tribunal.
• Repeal of uplifts/reductions on compensatory
awards for failure to comply with the statutory procedure
and adjustment of the relevant time limits.
• Repeal of section 98A of the Employment Rights
Act 1996 which allows for a dismissal which is
procedurally unfair to be fair in a situation where
the former employer can satisfy the Tribunal that
the applicant would have been dismissed, in any
event, had the correct procedure been followed.
A new Code of Practice is currently being drafted by
ACAS and an Employment Tribunal will still have jurisdiction
to reduce or increase an award by up to
25% in cases where either the employer or employee
unreasonably fails to comply with the Code of Practice.
The Bill also provides for a number of a significant
ancillary changes such as:
1. The power for a Tribunal to adjudicate in cases
where the parties consent to a determination without
a hearing (in practice this is unlikely to be attractive
to the parties except in the most straightforward
of cases).
2. Broadening of ACAS powers to intervene and encourage
the parties to settle and extending the
time limits for such ACAS intervention.
3. Jurisdiction for a Tribunal to order the employer to
compensate an employee for any financial loss
arising from any unlawful deduction of wages or
non-payment of a redundancy payment (e.g. the
employee may have incurred interest and/or bank
charges pending receipt of such wages or redundancy
payment).
4. A new civil penalty for employers who fail to comply
with the National Minimum Wage Act.
5. The introduction of wider powers for the Employment
Agency Standards Inspectorate to inspect
documents and demand financial information.
6. The power for trade unions to refuse membership
or expel members on the grounds of previous or
current membership of a political party.
It is to be hoped that the new ACAS code of practice
will be well drafted and provide clear guidance. Above
all, it should provide a mechanism for the speedy
resolution of employer/employee disputes without
recourse to proceedings before any Tribunal. To that
extent, the proposed changes are to be welcomed by
all employers and should provide an opportunity for
some principles of common-sense and fairness to be
applied.
Chris Smith
To discuss anything arising from this article or
any of the matters touched upon contact Chris
Smith at chris.smith@brunswicks.eu or telephone
him on 0870 766 8400.