Brunswicks is a specialist law firm offering strategic regulatory advice nationwide.

Making the most of BHCR

BHCR is distributed primarily by email and in pdf form. It is best viewed as a pdf where you will find embedded hyperlinks. We cannot guarantee that these links work or will remain working although they did at the time the edition was first published. This edition of BHCR is reproduced on this web-page. You can re-size the font and use the Search this Site facility to identify useful text. The hyperlinks are not activated directly from this web-page. If you wish to use them you are advised to use the pdf version.

Both editions are © Brunswicks LLP 2008


BHCR Vol 3 Issue 35

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

As I prepare this week’s issue for ‘press’ I have been

attending the annual conference of National Care

Association.

At the event NCA launched its new logo and image.

I also heard the new Care Services Minister, Phil

Hope, appointed three weeks ago – replacing Ivan

Lewis speak publicly on social care matters for the

first time since appointment.

The perennial question about the level of funding of

service users was raised.

As with Mr Lewis, we were reminded just how much

cash has been made available to local authorities

and the reason providers are cash-starved is as a

result of spending decisions made by councils and

that to interfere would be ultra vires.

We all know that the Government has been

consulting on how to fund social care going forward

and the intention to launch a Green Paper next year

based upon the findings of the consultation

process. There needs to be a new bargain between

the State, the individual and the family in order to

fund the cost of future long term care.

As part of that bargain it seems the time has arrived

for Government to consider winding the clock back

15 years or so and, rather than distribute cash for

long term care by simply handing it over to local

councils, the cash should either be ‘ring-fenced’ or,

better still, distributed directly by Government

through the Department of Work and Pensions

to providers or service users as personal

budget.

 

Abuse

1. Safeguarding Adults – Consultation document

from DH on ‘No Secrets’

The 73 page document is available on DH website.

If you want us to send you a copy, please email

keith.lewin@brunswicks.eu Putting ‘No Secrets’ in

the ‘Subject’ box of your email.

2. ACTION ON ELDER ABUSE

e-News October

No Secrets Consultation October 2008

It is two and a half years since Liam Byrne accepted

the principle of putting adult protection onto a legislative

footing. Five months after his commitment

Stephen Hoskin was murdered by people who had

befriended him. While the death of 78 year old Margaret

Painting led to the crime of causing the unlawful

death of a vulnerable adult (Domestic Violence,

Crimes and Victims Act 2004), it is difficult to see

what changes resulted from Stephen’s death.

In child protection, we have a shameful roll call of

death, from Tyra Henry to Victoria Climbie. We must

not have the same for adults. The consultation on

No Secrets must be grasped by all of us as a chance

to speak clearly and with one voice. We need to

spell out what works, what doesn’t and what must be

done to make a difference. And we need to ensure

that the messages are heard unequivocally, without

any misunderstanding.

The consultation document is a mixed bag, ranging

from complex discussion points and questions (the

criminal justice section), through to simplistic and

banal ones, (‘what evidence is there that increased

funding would lead to better outcomes?’) And it is so

wrapped up in the jargon of personalisation that it

fails to address the safeguarding implications. The

Serious Case Review into Stephen’s death stated, ‘It

is essential that health and social care services review

the implications of acceding to people’s ‘choice’

if the latter is not to be construed as abandonment….`

Steven Hoskin had lost all control of his own

life within his home. He had no say, choice or control

over who stayed or visited the flat. He had no voice or

influence over what happened within the premises’.

We need to address these points, instead of

talking about falls strategies for older people!

The answers to many of the questions posed in the

consultation are already known to the Government.

They know protection is inadequately funded

and lacks the necessary powers and duties to make a

difference, so we need to raise the standard of this

consultation to a higher level. For example, the debate

is not about whether there is a need for powers

to gain access to an adult at risk, it is about who has

that power, how is exercised, and what are the safeguards

needed.

No Secrets Consultation document can be

downloaded from the DH website: http://www.dh.gov.uk/

e n / S o c i a l C a r e / S o c i a l c a r e r e f o r m /

Safeguardinganddealingwithabuse/index.htm

3. AEA calls upon the Government to hear

the messages in the independent report into

individual budgets

21 October 2008

AEA has welcomed the first independent evaluation

of the Government’s ‘Cash for Care’ strategy and has

urged Minister’s to hear what older people are saying

and experiencing.

The report has confirmed that ‘many older people

supported by adult services do not appear to want

what many of them described as the ‘additional burden’

of planning and managing their own support’. It

has also indicated that ‘Older people reported lower

psychological well-being with Independent Budgets,

and suggested that this was perhaps because they

felt the processes of planning and managing their

own support were burdens’.

Additionally it noted that ‘common concerns of frontline

staff were … managing potential risks – for instance

paying family members or neighbours (with no

Criminal Records Bureau checks) to provide support.

Staff were also uneasy about potential harm or risks

of financial exploitation arising from users’ choices’.

Gary FitzGerald, Chief Executive of Action on Elder

Abuse (AEA), said, “An overwhelming message from

this evaluation is that the Government needs to slow

down and recognise that people are different. What

works for one person or group of people does not

automatically work for others, and this needs to be

built into the process. The Serious case review into

the death of Stephen Hoskin clearly indicated that

acceding to choice should not result in abandonment

[1] and we need to be careful that this does not happen.

Fundamentally, the Government needs to understand

that most adults facing the sharp end of

abuse are in no position to be empowered without

major frameworks and structures of support.

They have been actively conditioned and disempowered

by the perpetrator or by the circumstances of the

abuse but nevertheless have a legitimate voice that

needs to be listened to, heard, and acted upon. The

Government’s responses on the safeguarding implications

of this report are therefore insufficient, simplistic

and bear little reality to the circumstances of

abusive situations. They really need to address this

urgently!”

AEA has argued that citizens should not be automatically

disempowered from choice and control over

their lives simply as a consequence of age, disability

or assumed inability, but that it instead should be

based upon principles similar to those expressed

within the Mental Capacity Act 2005, an assessment

of ability and risk, and an appropriate infrastructure

that encompasses a safeguarding approach.

Concluded FitzGerald, “We are concerned that the

Government has already sought to weaken the messages

of this independent report by implying that the

situation has changed and improved. If they are

genuine about personalisation then we urge them to

throw equal weight behind developing choice and

control within regulated services instead of exclusively

championing the ‘cash for care’ model. This

model represents only one way of empowering people,

and for some it can be a reckless option imposed

with little regard for choice or control.”

Business News

4. Care home providers struggle to agree

deals

25 October 2008 - The Times

Southern Cross and Four Seasons under pressure to

sell up (even at a loss for its backers) to release cash

to pay the banking syndicates which are owed billions

of pounds.

Four Seasons is owned by Qatar's sovereign wealth

fund a disposal it is thought would release just

£800million for creditors. RBS is said to be reluctant

to agree.

5. 100th hospital scheme opens doors to patients

22 October 2008

The 100th hospital scheme to be built under the biggest

hospital building programme in the history of the

NHS - St Helens Hospital in Merseyside - has admitted

its first patients.

The NHS Plan in 2000 announced that 100 new hospital

schemes would be built by the end of 2010 under

the building programme to replace aging and unsuitable

infrastructure, through a mixture of Private

Finance Initiatives (PFI) and public capital funded

schemes.

To date 131 hospitals have been built or are under

construction as part of the scheme at a cost of £12

billon. The programme is not just about replacing old

buildings but is also helping to improve the patient

experience, modernise services and improve access

and choice.

Ed. Overall annual capital expenditure (i.e. PFI

and public capital) on hospital building has increased

from around £1.1 billion in 1997/98 to

around £5.5 billion in 2007/08, four times more in

real terms than in 1997 and an average real terms

increase per year of over 10%.

Effectively this is borrowing ‘off balance sheet’

for the Government and is of great concern not

only in times of economic crisis such as now, but,

generally – who will pick up the bill if it all goes

pear-shaped?

6. Birmingham to consult on care home quality

October 2008 - Community Care Market News

Birmingham City Council is consulting on how best to

invest £1m to shape the market in improving independent

care home nursing places.

Care Homes

7. HSE blitz on Somerset care homes highlights

room for improvement

14 October 2008

'Room for improvement across the board' is the general

consensus of inspectors from the Health Safety

Executive (HSE), following a recently completed series

of unannounced targeted inspections of care

homes across Somerset.

The inspection initiative took place over a two-week

period (15-26 September) and turned the spotlight on

a range of health and safety issues relating to such

areas as hot water, hot surfaces, window restrictors,

Legionella, manual handling, latex and bed rails.

A total of 20 homes were visited and 12 of these

were served with Improvement Notices - please see

Notes to Editors for breakdown of Improvement Notices

by type and by Local Authority area.

HSE inspector Trudi Smyth, who coordinated the

initiative, summarised the key findings:

"Most of the homes we inspected had good controls

in place where hot water and hot surface risks were

concerned, however, not all of them were aware

what the maximum temperatures should be or how

quickly burning could occur.

"Bed rail management was another area where most

homes visited were aware of the risks relating to this

issue but many were not aware of the British Standard

and were not carrying out sufficient checks or

maintenance.

"As far as windows were concerned, most of the

homes did have some sort of restrictor in place but

there were problems with old windows which were

not adequately restricted or robust and with new windows

which had restrictors which could be easily

overcome.

"Finally, on the issue of Legionella, many of the

homes we visited lacked a specific risk assessment,

management system or knowledge of the controls

required and it was this area which notched up the

largest number of Improvement Notices.

"This inspection 'blitz' has given us a good overview

of the general standards of health and safety in care

homes across Somerset and we will use these findings

to inform our proactive work in the future. One of

the first things we will be doing is holding a series of

Health and Safety Awareness Days, together with

Local Authorities, across the South West in the new

year."

8. Time for a bit of self-reflection, CSCI

October 2008 - Healthcare Business

Stuart Marchant reflects on the wrongful distress

caused to service users and providers by the inappropriate

activity of CSCI in the cancellation of a care

home registration, pressuring providers by destabilising

the business and other inappropriate conduct.

Case Reports

Law Reports

9. Commissionaires Management v Hughes

The Employment Appeal Tribunal in this case dealing

with several aspects of rest breaks under the Working

Time Regulations 1998, held:-

that an employee is only entitled to one rest

break once he has worked more than six hours; he is

not entitled to a subsequent rest break if he works for

twelve hours (paras. 15-16)

where a rest break cannot be taken at the correct

time, a proper compensatory rest break must be offered.

It is not enough to say that an employee can

rest between shifts (paras. 25-29)

a claim can only be brought in respect of rest

breaks for the three month period before presentation

of a claim (six months if the statutory grievance applies).

The concept of 'continuing breaches' to enable

further backdating does not apply here (para. 42)

We are grateful to specialist employment law barrister

Daniel Barnett for the above summary.

Disciplinary cases

10. Case against IVF doctor collapses

23 October 2008 – BBC News

The disciplinary case against Mohamed Taranissi, a

leading IVF doctor, has collapsed.

Dr Taranissi runs London's Assisted Reproduction

and Gynaecology Centre (ARGC), had faced charges

relating to his treatment of two women. He denied

the accusations of failing to keep proper medical records,

carrying out inappropriate tests and acting in

an insensitive manner.

The General Medical Council ruled that there was

insufficient evidence to continue.

For full report click here

Cases in the news

11. Woman choked to death on sandwich

21 October 2008 – BBC News

Dr Peter Dean has expressed his concern by the

death of Florence Smith at a care home in Suffolk

after she died by choking on a sandwich.

Dr Dean, the coroner, recorded a verdict of accidental

death but ordered that the Commission for Social

Care Inspection be alerted to the death as only one of

the four staff on duty had basic first aid training.

For full report click here

Children

12. Reforms threaten family courts

23 October 2008 - The Times

Article about the apparent collapse of access to justice

following the Government’s increase of court

fees by several hundred percent. Sir Mark Potter,

President of the Family Division, says that the intention

of full cost recovery is illusory.

13. More open justice for families in the

courts

20 October 2008 - The Times

The only way to dispel these myths is to let

the media in, says top judge

20 October 2008 - The Times

Sir Mark Potter opines that there is now the strongest

case for the media to be given access to children

care cases for greater transparency. Of course,

identities will need to be protected.

Ed. It looks like some long overdue reforms are

on their way. It is likely to be some time off and

wont come quickly enough for most families who

find themselves in what to many is a Kafkaesque

experience.

Conferences & Courses

14. WITH JUST ONE WEEK TO GO UNTIL

THE CARE SHOW - you still have time to register

for fast track entry

With just one week left until The Care Show, Birmingham

opens you still have time to register. This

means that you get sent your badge in advance and

can walk straight into the show. REGISTER TODAY

The Care Show is the premier show for care professionals

in the UK and the new look show offers not

only the only chance to see over 150 exhibitors but

also the opportunity to gain free education and training

in the packed programme of educational features

- all under one roof!

Here's a reminder why it's worth spending a day

there.........

Seminars - Hear the latest updates on strategies,

initiatives and announcements; find out how the Care

Quality Commission will affect you and discover how

to get the star rating you deserve and more...

Nutritional Kitchen – practical cooking and nutrition

tips hosted by the NACC Care Cooks of the

Year. Come along and taste the food!

Training – Free certificated training for care workers

covering subjects such as health and safety, risk

assessing your home and transforming your team's

morale.

Dementia Care Advice & Seminars - hear from

experts on good practice in dementia care; what people

living with dementia might want plus other important

issues.

plus...........

YOUR ONLY CHANCE THIS YEAR TO SEE AND

COMPARE OVER 150 EXHIBITORS - all in the same

place at the same time....

Many will have special offers and here is a taster of

what some of them have to offer:...

Newly launched Transcare bath offering a number

of innovative features

Fabrix laundry liquid - a breakthrough in the battle

against super bugs

A care bed that converts to a chair as an aid to

standing

Simplaphone™ which makes dialling and receiving

calls easier

Care Monitor; a revolutionary and uniquely holistic

resident monitoring system

The UK’s first radio network exclusively for care

homes

....plus much more. Check out all the exhibitors

REGISTER TODAY

15. Leading the way in social care

Social Care Leadership Development Programme—

by SCIE

November 2008 and January 2009

SCIE is running a third year of the highly successful

Social Care Leadership Development Programme,

which will be run by the King’s Fund, Birmingham

University and the Tavistock and Portman NHS Trust.

The programme welcomes applications from:

Potential directors of adult social services and potential

directors or chief executives in provider organisations

Black and minority ethnic applications

Private sector provider applicants

The programme is designed to provide a developmental

and outcomes-focused framework that draws

on participants’ experiences and relates to their current

work environment. Core content themes are:

Leadership for social care outcomes

Personal and organisational leadership

Community leadership

The programme is funded by the Department of

Health with a maximum of 24 participants in each

group.

For more information and an application form please

contact Elizabeth Scott, Programme Administrator,

SCIE, Goldings House, 2 Hay’s Lane, LONDON,

SE1 2HB on 020 7089 6920 or elizabeth.

scott@scie.og.uk

16. 'Choosing protection' conference

6 November 2008 – Llandrindod Wells

A key concept of modernising health and social care

systems is the right for people receiving services to

be able to exercise choice. Should this right to

choose, mean giving up the right to protection? Is

there really any contradiction between these two

rights? How can we learn from the lessons of Domestic

Violence and take a positive attitude towards

tackling abuse whilst allowing adults the right to

choice and control over their lives?

At a time when In Safe Hands is being reviewed this

question is crucial for all those involved in protection

and safeguarding work.

This unique conference hosted by Action on Elder

Abuse will hear from a multitude of speakers on this

important topic and many other important safeguarding

issues.

Other topic areas to be addressed include:

Developing a survivors network

Criminal justice

Abuse of people with learning disabilities

Natalie Fernandez

Senior Events Co-ordinator

Action on Elder Abuse

020 8765 7000

www.elderabuse.org.uk

17. Action on Elder Abuse - FORTHCOMING

events

Alliance for Adult Protection Legislation Meeting, London

Nov 2008

> Parliamentary Reception, London Dec 2008

> Legislation Conference, London, Jan 2009

> AEA’s National Conference, Nottingham, 23/24

March 2009

For details please contact Natalie Fernandez on natalie@

elderabuse.org.uk, or call us on 0208 765 7000

18. ‘Mind the Gap! The future of

care.’

The English Community Care Association

2008 Conference & Exhibition

Wednesday, 12 November, 2008. Holiday Inn,

Bloomsbury, London

Buy 2 tickets get a 3rd ticket free! A Special offer

for ECCA members!

Funding, regulation and personalised services are

key concerns for the whole sector and there is a real

need for knowledge about how they will affect providers’

ability to deliver a quality service. This conference

will give delegates the opportunity to hear

the views of those at the very top in government,

regulation and commissioning and to challenge the

mismatch between the rhetoric and the practice.

The speaker programme includes:

Phil Hope, Minister for Care Services. Ministerial

address

Baroness Young, Chair, Care Quality Commission.

Vision for regulation of the social care

sector

John Dixon, President, ADASS. Partnerships,

personalisation & funding

To book your place at the conference, sponsored by

Boots Care Services, call ECCA on 08450 577 677,

email conference@ecca.org.uk or visit

www.ecca.org.uk

© Brunswicks LLP 2008 http://www.brunswickslaw.eu Page 8

19. Westminster Health Forum keynote seminar

Adult Social Care Workforce Strategy

Morning, 19th November 2008, Westminster SW1

With Glen Mason

Director of Social Care Leadership & Performance,

Department of Health

Our Website | Book Online

Planned sessions will look at:

The central themes of the Adult Social Care Workforce

Strategy;

Implementing the personalisation of adult social care

services;

Remodelling the adult social care workforce; and

Regulating and measuring the performance of the

adult social care workforce.

We are delighted that Glen Mason, Director of Social

Care Leadership & Performance, Department of

Health will be delivering a keynote address at this

seminar.

Other speakers are expected to be confirmed shortly.

Typically, attendees at our seminars are a senior and

informed group numbering around 120, including

Members of both Houses of Parliament, senior government

officials involved in this area of public policy,

health professionals, trade unions, representatives of

health consumer organisations, academia, interested

and affected charities and other related industries,

together with representatives of the trade and national

press.

Booking arrangements

To book places, please use our online booking form.

Once submitted, this will be taken as a confirmed

booking and will be subject to our terms and conditions

below.

Please pay in advance by credit card on 01276

489144. If advance credit card payment is not possible

please let me know and we may be able make

other arrangements.

Options and charges are as follows:

Places at Adult Social Care Workforce Strategy

(including refreshments and PDF copy of the transcripts)

are £190 plus VAT (£223.25);

Concessionary rate places for small charities, unfunded

individuals and those in similar circumstances

are £80 plus VAT (£94). Please be sure to apply for

this at the time of booking.

20. The King's Fund Annual Conference 2008

Reshaping the NHS: Creating locally-driven

evidence-based service change

Tuesday 25 November 2008, 9.30am–5.30pm

Royal College of Obstetricians and Gynaecologists,

Regent's Park, London

What is the conference about?

Lord Darzi's NHS Next Stage Review makes it clear

that all future NHS reconfigurations should be clinically

driven, evidence based and locally led – with

inputs from patients and the public. The King's Fund

Annual Conference 2008 will look at what this means

in practice. We will explore different types and applications

of evidence, consider the roles that service

commissioners and providers need to adopt, and

showcase successful national and international service

reconfigurations that reflect these principals.

Keynote speakers

International keynote speaker: David Levine, President

and Director General of the Health and Social

Services Agency in Montreal, Quebec, Canada

UK Keynote speaker: Geoff Mulgan, Director, The

Young Foundation

Exhibition and sponsorship

Following the success of last year's exhibition we are

delighted to be offering a limited number of extra conference

stands in 2008. We have a wide variety of

sponsorship packages available.

Places at this event are limited so we recommend

that you reserve a place as soon as possible by

downloading a booking form from our website or

booking online. For further information please visit our

website or email us and we will be happy to provide

you with more details.

21. DIGNITY MATTERS CONFERENCE -

ONLY 200 PLACES

25 November 2008

New Connaught Rooms, 61- 65 Great Queen Street,

Covent Garden, London WC2B 5DA

Invitation to National Dignity Champions Conference

Key Speakers: Phil Hope, Minister for Care Services

Cynthia Bowers, Shadow Chief Executive Care Quality

Commission

Sir Michael Parkinson

A national conference to enable dignity champions to

take ideas into reality.

This event will include the launch of 'Beyond Slogans-

A New Framework for Assessing Progress with

Dignity In Care' The conference is for dignity champions

and those interested in the dignity campaign

from health, local authorities, clinicians, commissioners,

the independent sector, managers and practitioners.

22. Capita’s National Conference

Improving the Lives of People with Dementia

Capita’s National Conference

Improving the Lives of People with Dementia

Tuesday 25th November 2008 – Central London

Please note that we are now taking bookings on this

popular event, which is CPD Certified and supported

by UCL, the Alzheimer’s Society, and Age Concern.

We are also taking bookings on the related

Half Day Briefing on Wednesday 26th November,

Developing the Skills of the Dementia Care Workforce.

RECEIVE A 20% DISCOUNT FOR BOOKING ON

BOTH EVENTS.

Please click here for further details of this conference.

If you have any problems with the hyperlink,

please e-mail me at dave.eastman@capita.co.uk and

I will send the brochure as an attachment.

Chaired by Maria Parsons, Executive Director, London

Centre for Dementia Care, our expert speakers

include:

Ruth Eley, CSIP National Programme Lead,

Older and Disabled People, Department of

Health

Alison Murray, Provider Relationship Manager,

Inspection, Regulation and Review Directorate,

Commission for Social Care Inspection

James Buckley, Chief Executive Officer, Tunstall

Andrew Chidgey, Head of Policy and Public Affairs,

National Dementia Strategy Implementation,

Alzheimer’s Society

Tony Tench, Extra Care and Services Director,

Hanover Housing Association

Philip Hurst, Policy Manager, Age Concern

Rachael Dutton, Specialist Dementia Research

Manager, Housing 21 Dementia Voice

Lee Sims, Operational Manager, Housing 21

Dementia Voice

Launching in October, the Government’s first National

Dementia Strategy for the UK will have profound

implications for all stakeholders involved in dementia

care and support services.

Organised to address the key challenges ahead,

Capita’s National Improving the Lives of People

with Dementia Conference brings together expert

speakers from forward thinking organisations involved

in dementia care. They will provide local authorities,

housing providers and care support services

with advice and practical guidance on improving wellbeing,

inclusion and quality of life for people with dementia.

This timely event will cover a range of pertinent issues,

including:

Providing workforce wide support for implementing

the National Dementia Strategy

Ensuring flexible care services to meet different

support needs

Methods for enabling early diagnosis and intervention

for people with dementia

Ways to improve dementia support in care

homes through design and integrated specialist

services

Places can be booked on this event either by filling

out and returning the booking form on the final page

of the conference brochure, or by e-mailing the delegate

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

Alternatively you can book online by clicking here

and using Booking Reference Code TSDE.

23. “A Place of Safety or the New Asylums?

Implementing Measures to Improve Mental

Health Provision in Community Safety Services”

The briefing will be hosted by The House Magazine

on Wednesday, 3 December 2008 in Westminster

The event will be chaired by Professor Jan Keene

(Director of Research and Lecturer in Social Work, University

of Reading) with speakers including:

Ian Bynoe (Commissioner for Mental Health, Independent

Police Complaints Commission)

Dr Michele Hampson (Chair, Multi-agency Working

Group, Royal College of Psychiatrists)

Inspector Michael Partridge (Mental Health Project

Team, Metropolitan Police Service)

Laura Thorne (Criminal Justice Programme, Sainsbury

Centre for Mental Health)

23. “A Place of Safety or the New Asylums?

Implementing Measures to Improve Mental

Health Provision in Community Safety Services”

(continued…)

Participants at this Westminster Briefing will discuss the

latest government measures to improve mental health

services in community safety provision. Delegates will

consider the recently released RCP standards on section

136 and best practice solutions in improving cooperative

working. Particular focus will be placed on the

importance of forming strong partnerships between

primary care trusts police forces and other service partners.

24. Westminster Health Forum keynote seminar

Palliative and End of Life Care

Morning, 9th December 2008

Westminster, SW1

With Professor Mike Richards - Chair, End of Life

Care Strategy Advisory Board and National Cancer

Director, Department of Health

and

Thomas Hughes-Hallett - Chief Executive, Marie

Curie Cancer Care

and

Professor the Baroness Finlay of Llandaff

Live Agenda| Our Website | Book Online

This seminar will examine issues around the provision

and quality of palliative and end of life care, and

what more can be done to provide a better service to

patients and their families. It follows the publication

of the Government’s End of Life Care Strategy and

the recently released Darzi review of the NHS, which

looked in part at end of life care.

Sessions will look at:

Palliative and end of life care in the UK and the end

of life care programme;

The impact of the strategy so far and the next steps

for implementing the reforms;

Delivering frontline palliative and end of life care and

preferred place of care;

Innovative approaches and ethical issues in end of

life care; and

The end of life care strategy and the way forward for

palliative and end of life care.

Booking arrangements

To book places, please use our online booking form.

Once submitted, this will be taken as a confirmed

booking and will be subject to our terms and conditions

below.

Please pay in advance by credit card on 01276

489144. If advance credit card payment is not possible,

please let me know and we may be able make

other arrangements.

Options and charges are as follows:

Places at Palliative and End of Life Care (including

refreshments and PDF copy of the transcripts) are

£190 plus VAT (£223.25);

Concessionary rate places for small charities, unfunded

individuals and those in similar circumstances

are £80 plus VAT (£94). Please be sure to apply for

this at the time of booking.

For those who cannot attend:

Copies of the briefing document, including full transcripts

of all speeches and the question and comment

sessions and further articles from interested

parties, will be available approximately 7 days after

the event for £95 plus VAT (£111.63);

Concessionary rate: £50 plus VAT (£58.75).

If you find the charge for tickets a barrier to attending,

please let me know and we will do our best to see

you are not excluded. Please note terms and conditions

below (including cancellation charges) will still

apply.

25. Commissioning for change: Healthinvestor

primary series

IN ASSOCIATION WITH THE NHS ALLIANCE

21st January 2009 – Central London

The introduction of world class commissioning is designed

to raise procurement standards across the

UK. This event explores the efficacy of these commissioning

mechanisms and the outcome these changes

have in terms of enabling patient choice and individualised

healthcare. The programme also examines the

successes and the lessons which can be learned for

both commissioners and providers.

The agenda will address the following issues:

How will commissioning meet the healthcare challenges

posed by future demand?

Towards a level playing field for the independent sector

Presenting a good business case: The view of an independent

provider

Why are some organisations successful why others

fail?

25. Commissioning for change: Healthinvestor

primary series

IN ASSOCIATION WITH THE NHS ALLIANCE

(CONTINUED…)

Improving patient and public involvement in commissioning

Understanding the information requirements for improved

commissioning

Lessons from overseas commissioning

Revisited: Will NHS commissioning be the envy of

the world?

Contributors will include:

Mike Sobanja – Chief Officer, NHS Alliance

Ken Anderson – Managing Director, UBS

Gary Belfield – Director of Commissioning, Department

of Health

Hilary Heywood – Assistant Director, Ashton, Leigh

& W i g a n P r i m a r y C a r e T r u s t

Derek Felton – Director of Commissioning Services,

Tribal

Conal Timoney, Head of Communications Development,

NHS London

Paul Mainwaring, Chair, Patients Council

Nick Gordon, Commercial Director, Harmoni

If you would like further details or to book a place at

these events, please visit www.healthinvestor.co.uk

or contact our Events Team on 020 7104 2000, or

email kate.atkins@healthinvestor.co.uk

26. Westminster Health Forum keynote seminar

Dementia and Elderly Care

Morning, 27th January 2009

Westminster, London SW1

with

Parliamentary Under Secretary of State for Care Services,

Department of Health

and

Professor Sube Banerjee

Senior Professional Advisor, Older People's Mental

Health, Department of Health

and

Neil Hunt

Chief Executive, Alzheimer's Society

Live Agenda| Our Website | Book Online

This seminar will examine issues around the reform

of dementia services, and what more can be done to

provide a better service to patients and families. It is

timed to reflect issues raised in the National Dementia

Strategy which is due to be published later this

year.

Speakers and Delegates

To book places, please use our online booking form.

Please pay in advance by credit card on 01276

489144. If advance credit card payment is not possible,

please let me know and we may be able make

other arrangements.

Options and charges are as follows:

Places at Dementia and Elderly Care (including refreshments

and PDF copy of the transcripts) are £190

plus VAT (£223.25);

Concessionary rate places for small charities, unfunded

individuals and those in similar circumstances

are £80 plus VAT (£94). Please be sure to apply for

this at the time of booking.

27. Action on Elder Abuse is pleased to announce

its National Conference for 2009 will

be on Monday 23 March 2009 and Tuesday 24

March 2009

Next year it will be held at East Midlands Conference

Centre

Nottingham Conferences

University Park, Nottingham, NG7 2RJ

T: 0115 951 5000

F: 0115 951 5009

nottinghamconferences.co.uk

28. World Elder Abuse Awareness Day 15

June 2009, this is in its 4th Year now and

we want to make it an important date in

everyone’s diaries , please join with us in

doing an event on the day and helping

raise awareness on Elder Abuse.

For more information email

worldelderabuseday@elderabuse.org.uk

or call 0208 765 7000.

Action on Elder Abuse has launched a

series of exciting challenge events, including

skydiving, trekking and running.

If you've ever wanted to trek the Inca

Trail, freefall from 10,000 feet or sledge

across Lapland with huskies (to name but

a few), visit www.elderabuse.org.uk for

more information.

 

29. INVESTING IN THE FUTURE OF URGENT

AND EMERGENCY CARE

17th February 2009 – Central London

Primary care commissioners are now tasked with

ensuring a successful strategy to enable the new

vision for a single point of access for 24/7 urgent

care. Opportunities for independent providers to

provide services are booming with an estimated 40

new contracts emerging in this financial year.

As the urgent and emergency care sector rapidly

develops, requirements for new services, new systems

and new providers are increasing. This conference

examines the raft of new primary initiatives and

aimed at reducing inequality, accelerating access

and promoting innovation in urgent care. The programme

addresses how providers and investors can

to achieve these new requirements and adapt quickly

in order to benefit from the expanding market.

Expert guidance will be offered on developing a

strong business case for your urgent care investment

and improving your commercial acumen within the

NHS. The programme will address the following key

concerns for investors:

The Department of Health vision for urgent care

Reasons for private sector investment in urgent care

Commissioning world class urgent and emergency

care

Driving improvements in urgent care in primary care

Building a business case for out-of-hours care provision

Towards world-class services in ambulatory care

Collaborating within urgent care and across external

care services

Working creatively with relevant agencies to improve

care outcomes

Improving public access to urgent and emergency

care

Contributors include:

Professor Sir George Alberti, National Clinical Director,

Emergency Care Access, Department of Health

Rick Stern, Primary Care Foundation and special advisor

in primary care management to the NHS Alliance

James Vallance, Urgent Care Policy Manager, Service

Design Division, Directorate of Commissioning

and System Management, Department of Health

Eric Peacock, Retired Chief Executive, Northern Doctors

Urgent Care

If you would like further details or to book a place at

these events, please visit www.healthinvestor.co.uk

or contact our Events Team on 020 7104 2000, or

email kate.atkins@healthinvestor.co.uk

30. INVESTING IN HEALTH AND MEDICAL

TOURISM: OPPORTUNITIES, RISKS AND DEVELOPMENTS

24th March 2009 – Central London

By 2010 medical travel is expected to be a £23 billion

business, with over 780 million patients seeking care

outside their principal country of residence. Many

countries tourism income increasingly depends on it

and its impact on the organisation of national and

international healthcare is increasing.

It is a huge worldwide business, but until now, information

has been aimed at patients. This groundbreaking

conference will investigate from a business

perspective what is happening now and what is likely

to happen worldwide in different types of medical and

health tourism.

This event addresses the key questions:

Why is it happening? Where is demand coming from?

Where are people going? Who is offering or planning

to offer services? What is the relationship to insurance?

& What are the risks and problems?

It could help you:

Access this market

Stay ahead of the opposition

Identify new income areas

Understand the regulations and avoid the associated

risks

Gain from this developing sector

Promote your business

It could stop you:

Missing out on a growing market

Providing the wrong type of service

Missing out on deals

Losing market share and existing customers

Making assumptions based on inaccurate information

Using unregulated intermediaries

Contributors include:

Ken Anderson, Managing Director, UBS

Keith Pollard, Managing Director, TreatmentAbroad

Dipa Jethwa, Founder, The Taj Medical Group

If you would like further details or to book a place at

these events, please visit www.healthinvestor.co.uk

or contact our Events Team on 020 7104 2000, or

email kate.atkins@healthinvestor.co.uk

Consultations

To follow next week

CSCI/Care Quality Commission

(w.e.f. 2009), CSSIW,

Healthcare Commission &

Scottish Care Commission

31. HMIE Quality Indicators and the Care

Commission Quality Themes and Statements

24 October 2008 – SCRC

HMIE & The Care Commission have jointly produced

guidance to help providers consider how to

present their evidence for the HMIE Quality Indicators

and Care Commission's Quality Themes and

Statements systems.

There is a table shown within the guidance which

shows how the two systems link together.

For full report click here

32. Consultation on final dates for social service

workers to register with the SSSC

24 October 2008 – SCRC

The Introduction of final dates for prescribed descriptions

of social service workers to achieve registration

with the Scottish Social Services Council (SSSC): A

Consultation Paper has now been issued.

For full report click here

33. Care Quality Commission launches consultation

CQC will aim for transparent, consistent enforcement

24 October 2008 – Community Care

Cynthia Bower, chief executive of the Care Quality

Commission (CQC) has warned that the body will not

back away from taking enforcement action against

social care and health providers.

She made the statement as the CQC - which will begin

work in April 2009 - launched a consultation on its

approach to enforcement. The regulator said it would

aim for enforcement to be consistent, transparent and

proportionate.

For full report click here

34. Forthcoming review will highlight lack of

training and advocacy

24 October 2008 – Community Care

The quality of safeguarding adults practice varies

significantly between areas, a Commission for Social

Care Inspection report due out next month will say.

CSCI chief inspector Paul Snell has outlined some of

the findings from an inspection report of the quality of

safeguarding adults practice. The report found that

there was a significant variation between areas.

For full report click here

35. Healthcare watchdog welcomes NHS progress

in struggle against C.Difficile

23 October 2008 – Healthcare Commission

The Healthcare Commission has welcomed news of

a fall in C.Diff rates, saying the figures suggested

significant progress in the struggle against healthcare-

associated infection.

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

newsandevents/mediacentre/pressreleases.cfm?

cit_id=1443&FAArea1=customWidgets.content_view_1&useca

che=false

36. Eligibility revamp needed

Commission for Social Care Inspection review

of FACS calls for new adult care criteria

for eligibility

22 October 2008 – Community Care

CSCI has made a call for the current "flawed" system

of adult care eligibility criteria in England to be replaced.

The CSCI's review of the Fair Access to Care Services

(FACS) system was unveiled at the National

Children and Adult Services Conference in Liverpool

and was originally commissioned by the Department

of Health.

The probe began after CSCI's State of social care

report found poor outcomes for those excluded from

support.

For full report click here

37. 'Cutting the cake fairly': CSCI publishes

review of eligibility criteria for social

care

22 October 2008 - CSCI

Everyone, regardless of their needs or how much

money they have, should, as a minimum, have a

proper discussion about their care needs and good

information and advice about care choices, according

to a new report by the Commission for Social Care

Inspection, published today.

In the longer term the report backs the need for radical

reform to the organisation and funding of the care

and support system, as the Government has already

37. 'Cutting the cake fairly': CSCI publishes

review of eligibility criteria for social

care (continued…)

acknowledged. So as well as reviewing the impact

on people and their carers of the current means of

deciding who should receive publicly-funded care,

CSCI's report also looks at possible future funding

models and different ways they might allocate public

funds to individuals needing care and support.

Launching the report, "Cutting the cake fairly", CSCI

Chair Dame Denise Platt said:

"We were pleased to be asked by the Government to

undertake this review in the light of our report last

January which showed the impact on individuals and

their families of the increasingly tight thresholds for

help set by councils. As this report shows, people

and their families experience stress and bewilderment

trying to get the care they need and the complex

systems for determining how they might be

helped defeat many."

"Our findings demonstrate that the current system of

determining eligibility is both heavily criticised and

not aligned with present policy. The number of people

seeking care and support has been rising and will

continue to do so. Whilst most people accept that not

everything can be provided by the State, they want a

fairer and clearer system and one which both promotes

their well-being and, if they need care and

support, enables them to make informed decisions

about the options available. Our review indicates

there is some way to go before everyone can benefit

from that approach."

The review found that some people are benefiting

from council-funded schemes aimed at those falling

below local eligibility criteria. However, the overall

picture confirms that people looking for support frequently

fail to have an opportunity to have their needs

properly taken into account and advice about the

choices open to them. People who do not meet the

eligibility criteria manage as best they can but often at

great cost in financial, emotional, personal and physical

terms, both to them and their family carers.

The recommendations are:

(i) Better arrangements that offer universal support.

Eligibility criteria for access to public funding

for social care services should be seen in a

broader context that is more consistent with Putting

People First and offers some level of help and

advice to everyone seeking it. Three key elements

are identified to ensuring better arrangements that

offer universal support -

strengthening communities so all citizens can

access local services which promote their general

health and well-being;

assisting individual choices so everyone gets

good advice, information and an assessment of

their care and support needs as well as, where

appropriate, advocacy and brokerage;

prioritising funding for individual needs on a

clearer basis and ensure decisions about allocating

public funds to individuals follow an assessment

of needs.

(ii) Improve the response to people needing assistance,

including the quality of response people

receive when they first contact the council. The

report also suggests ways of improving the assessment

process.

(iii) Replace the FACS criteria with a revised way

of allocating public funds to individuals and

reinforce the need to make a clear distinction between

assessing a person's needs and their financial

means. DH should consult on three 'priorities

for intervention' rated according to the urgency of

response required:

immediate intervention - without immediate

support to remove barriers to people's dignity

and quality of life, a person's well-being would

be seriously threatened;

early intervention - where problems may develop

and threaten a person's well-being within

6 months if support is not provided;

longer-term intervention - where people's wellbeing

would be threatened within the year without

targeted, evidence-based interventions.

iv)A national resource allocation formula to underpin

individual/personal budgets so that, rather than

each council devising its own system, there would

be a common approach across the country.

(v) A range of measures to support the implementation

of the proposed arrangements, including

ways of improving the initial response from

councils to people seeking support

considering, in appropriate circumstances, a

short period of re-ablement to maximise what

people can do for themselves before any final

decisions about ongoing needs for support.

Six background papers accompany the report and are

available on the CSCI website - www.csci.org.uk.

Please also find here a link to the actual report:

http://www.csci.org.uk/default.aspx?page=2596

For BBC report click here

39. Government Response to Cutting the

Cake Fairly: CSCI review of eligibility criteria

for social care

22 October 2008 – CSCI

This is the Government's response to a review of the

fair access to care services framework by CSCI.

For full report click here

40. ECCA challenges Government to deliver

equality and fairness

22 October 2008

The English Community Care Association has challenged

the Government to deliver a more equitable

and fair care system. The CSCI report, Cutting the

cake fairly, clearly shows that there is inequality and

inconsistency in the current system.

Martin Green, Chief Executive of ECCA, said:

“The challenge for Government is to deal with this

issue as a matter of urgency. We cannot wait for the

Green Paper on Adult Social Care. We need action

now and if necessary some transitional approaches.