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 2008 Vol 3 Issue 21
Brunswicks Healthcare Review 2008 Volume 3 Issue 21

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

Government is frequently heard to be saying that

money is ‘tight’ and that it, through the Chancellor of the

Exchequer, is trying, wherever possible, to save cash.

Something I applaud.

How many times have we heard from the lips of a

succession of Secretaries of State for Health:

1.that never has so much money been spent on NHS;

2.never before has any Government invested so much

more ‘new’ money in the NHS;

3.how hard they have worked to control costs;

4.how soon they will bring the NHS budget back into

balance;

5. how the Department of Health will penalise NHS

Trusts who fail to balance their budget; etc. etc. etc.

Imagine then my despondency when I read, as we all

did, last week that my money, and yours, was

needlessly and wantonly wasted.

It came to light that, in the last few months of the last

financial year, those in charge of the NHS budget

became concerned that the NHS budget would be

under spent by a very considerable margin, some £1.8

billion, in the event it seems to have been nearer

£3bn. See item 103.

Was that cause for back-slapping and congratulations?

Was it heck!

The word went out the senior managers better spend

the money and spend it fast. What was wanted was an

NHS budget in balance not significantly under

spent. No; that would never do! This is a perverse approach.

A report is due shortly from the Public Account s

Committee. I await, with interest, their take on the

debacle.

This week’s article

This week we bring you the report ‘Nothing for Services; Nothing for Quality’ researched, written and published by the English Community Care Association which looks at the issue of the conduct of local authority commissioners in relation to fees; particularly those authorities which have not provided any increase in care fees over what was paid in 2006/07.

To read the full report, click here

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.

Next

Abuse

1. £97,000 payout for ‘vulnerable’ couple tortured

by an evil gang

31 May 2001—Daily Mail

A couple, Mr X and Mrs Y, with learning disabilities

living in the community were befriended by teenagers

who later effectively imprisoned the couple, and

two daughters of Mrs Y from a previous relationship,

subjecting them to a “degrading, disgusting and

wicked” assault and other humiliations won a landmark

case against the London Borough of Hounslow

for failing to re-house the family following their requests.

The lawyers for the couple successfully argued

Hounslow owed them a duty of care to protect vulnerable

adults from abuse.

Hounslow has been given permission to appeal.

2. Charities seek views on creating elder

abuse survivors network

30 May 2008

Action on Elder Abuse/Age Concern launch

survivors network debate

30 May 2008 – Community Care

Action on Elder Abuse and Age Concern are consulting

on the establishment of a ‘survivors network’.

Gary Fitzgerald, CEO of Action on Elder Abuse said

providing a voice for survivors could not be more

timely or warranted in view of government initiatives,

such as the review of ‘No Secrets’ and the dignity in

care campaign.” The proposals come from work undertaken

as a result of grants from Comic Relief.

Action on Elder Abuse and Age Concern England

Launch Consultation on Survivors Network for

Victims of Abuse

Action on Elder Abuse, the only charity in the UK

dealing exclusively with the abuse of older people

and Age Concern England have today launched a

consultation on proposals to launch a Survivors Network

for victims of Elder Abuse.

The consultation is part of a Comic Relief funded project

looking at the possibilities of developing a survivor

lead network for the victims of elder abuse and

their families.

This follows a year of research work talking to older

people and professionals about what a Survivors Network

should look like.

Commenting on the consultation Gary Fitzgerald

Chief Executive of AEA said “We are delighted to

launch the Consultation document. So far we have

attempted to understand abuse through definitions

and categories, quantify it through prevalence studies

and intervene through guidance, polices and procedures.

As useful as these are, what has been missing

has been the voice of victims and their families” Fitzgerald

continues “ this comes at a time when Government

has announced a National Dignity Tour, a new

prevalence study into abuse, neglect and loss of dignity

in institutional settings as well as a review of the

No Secrets guidance. Providing a voice for victims of

abuse could not be more timely or warranted. We

applaud Comic Relief for funding such innovative and

difficult work.”

Gordon Lishman Director General of Age Concern

England said “Abuse of older people takes a range of

forms from the insidious to the horrifying. Anyone who

is the victim of abuse is entitled to protection, but after

the abuse has stopped they are also likely to need

help and support to repair the damage and rebuild

their lives. It is hard to find evidence of any type of

continuing support for older people who have survived

abuse. This trailblazing project is an ambitious

and innovative attempt to fill this gap.

Rachael Kenny Project Consultant comments “This is

a difficult and complex area of work. However older

people have given a clear steer of how they would

like to see a Survivors Network develop. It is against

these standards that our work will be judged. I urge

everyone to get a copy of the consultation paper and

contribute as comprehensively as possible”

For CC report click here

3. Care home death: 'Nobody should die in

such a terrible, cruel way'

25 May 2008 – Telegraph

An article discussing the current social care system

and abuse of vulnerable adults.

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

uknews/2021892/Nobody-should-die-in-such-a-terrible,-cruelway.

html

4. Government responds to second ISA consultation

30 May 2008 - COI

The Government today published its formal response

to the recent consultation on the Independent Safeguarding

Authority scheme for vetting and barring

those who wish to work, either paid or unpaid, with

children or vulnerable adults. The response document

sets out the Government's evaluation of stakeholders'

responses to the consultation and next

steps. :

Under 16s in the workplace

Where young people under 16 work, the adults who

teach, train or instruct them in the workplace will not

be required to register with the ISA scheme. But it

will be an offence for a barred adult to do this work,

or for an employer knowingly to use a barred person

for this work.

This means that managers of newsagents and other

shops will not have to register before they can employ

newspaper delivery boys and girls or under 16s

in Saturday jobs.

Those who train or supervise employees who are

under 16 will be able to register with the ISA scheme

and their employers will be able to check them if they

wish. These decisions to register and to check

should be taken in the light of the circumstances and

a commonsense assessment of risk. This is how the

arrangements work at present, whereby employers

check their employees who are supervising fellow

employees who are under 16.

Work experience organisers will want - as they do

now - to agree appropriate safeguarding measures

with the employer which may include ISA checks. It

is essential that young people in these placements

are safe, including those who are working towards

the new Diplomas.

Teaching 16 and 17 year olds in mixed age settings

in higher education, sport and leisure

Those who teach, train or instruct 16 and 17 year

olds in mixed age settings in higher education and

sport and leisure will not have to register with the ISA

scheme.

However, Ministers have decided in response to the

consultation that barred people who work with 16 and

17 year olds in these mixed age settings will commit

an offence, as will employers who knowingly allow

them to do so. This is a tightening of the policy as set

out in the consultation document. .

Definition of a vulnerable adult

We confirm the consultation proposal that vulnerable

adults who need the protection of the scheme should

not include those suffering from dyslexia and, in response

to the consultation, will extend this exemption

to related conditions such as dyscalculia and

dyspraxia.

Referrals

Employers will be required to refer to the ISA any

employees whom they dismiss or would have dismissed

on the grounds that they have harmed or

pose a risk of harm to the vulnerable groups. This is

a significant strengthening of safeguarding as the

requirement to refer will cover all regulated activity

with children or vulnerable adults rather than just education,

children's social care, childcare and adults'

social care.

ISA consideration: notification of employer

In response to the consultation, Govt has concluded

that, when the ISA is considering whether to bar

someone, it must proactively inform any employer

whom the ISA knows has an interest in the employee

and who may be unaware that that employee is under

consideration. This will happen at the point when the

ISA thinks the employer should be aware of a potential

risk of harm to the vulnerable groups. However,

before informing the employer, the ISA must be satisfied

that the referral is not clearly unfounded or malicious,

and also that it is not trivial but is serious

enough to warrant consideration for barring.

The new policy balances the need to safeguard the

vulnerable groups from risk of harm with the right of

the employee to be treated fairly. The information provided

by the ISA will enable the employer to put in

place any appropriate extra safeguards until a decision

to bar or not to bar is taken.

Background

The new Independent Safeguarding Authority will

take consistent expert decisions as to who should be

included in the new lists of people who will be barred

from working with children and/or vulnerable adults.

The system was legislated for in the Safeguarding

Vulnerable Groups Act 2006.

Under the Safeguarding Vulnerable Groups Act:

- Those who are judged to pose a risk to children or

vulnerable adults will be prevented, at the earliest

opportunity, from getting access to them via paid or

unpaid work.

- there will be tough penalties for those employers

who fail in their responsibility to carry out the necessary

checks or recruit people who are not members of

the scheme - including fines of up to £5,000;

- it will be a criminal offence for a barred individual to

even seek a job in regulated activity working in close

contact with children or vulnerable adults;

- employers and parents will be able to make an online

check that a prospective employee is a member

of the scheme and thus not barred;

- scheme members' status will be reviewed when

new information becomes available and employers

who have registered an interest will be notified when

an individual ceases to be a member of the scheme.

These are the same employees that will be notified

by the ISA when an employee is under consideration

for barring.

- a person will not be removed from a barred list

unless he can convince the ISA that he no longer

poses a risk of harm to children or vulnerable adults.

An individual does not have a right to a review, but

may apply for permission to apply for a review at the

end of the Minimum No-Review period.

The response is available from http://

www.dcsf.gov.uk/consultations

The ISA scheme will go live in October 2009. People

who work in, or volunteer to carry out, regulated activity

with the vulnerable groups will be required to

register with the scheme. Employers will be able to

register their interest in being notified of any change

in their workers' status in the scheme.

5. New Adult Protection Policy from Wakefield

29 May 2008

The policy is available on the web at - http://

www. w a k e f i e l d . g o v . u k / H e a l t hAn dSo c i a l C a r e /

AdultsAndOlderPeople/SafeguardingAdults/Policy/default.htm

6. Top cop in Jersey child abuse inquiry

slams critics

27 May 2008 - Belfast Telegraph

The Northern Ireland police officer, Lenny Harper,

who heads the investigation into horrific child abuse

in a Jersey care home has said that of his critics that

he will not let them damage the highly sensitive inquiry.

Speaking to the Belfast Telegraph Mr Harper said he

is becoming increasingly frustrated with the "small"

number of people who, he says, are intent on discrediting

him, his officers and the investigation into

alleged physical and sexual abuse of more than 100

children in the former care home, Haut de La Garenne.

7. New proposals will make all obscene images

of children illegal

27 May 2008 - UKPolicing.info

All images of child sexual abuse, including drawings

and computer-generated images of child abuse, will

be made illegal. Offenders holding such images will

face criminal charges and up to three years in prison

under new proposals announced by Justice Minister

Maria Eagle.

8. ‘We all have a role to play protecting the

vulnerable’

26 May 2008 - icWales from Western Mail

As with anything, the first step towards tackling a

problem is to recognise that the problem exists. Like

child abuse, or domestic abuse, it is only when we

face up to the realities that we can do something

about it.

In recent years there has been a growing awareness

and better understanding of the abuse of older and

vulnerable people, although it should be acknowledged

that systematic and structured approaches

across Wales to address this are still at a relatively

early stage of development when compared to the

arrangements that exist for child abuse.

All too often older people and their families may not

be fully aware of arrangements that exist to protect

vulnerable adults and of the help and support that can

be available.

The Welsh Assembly Government is taking steps to

address this. Most recently I gave funding to a consortium

led by Learning Disability Wales to produce a

DVD on the protection of vulnerable adults, which is

aimed at adults, including older people, with learning

disability themselves; said Deputy Minister for Social

Services, Gwenda Thomas.

9. Panorama covers the filming of a new

SWGfL internet safety film

27 May 2008 - COI

The airing of the BBC's 'Panorama' programme 'One

Click from Capture' on, 26 May, 2008 (referred to in

BHCR Vol 3—Issue 20, item 2) highlighted the risks

and issues associated with some of the new internet

technologies. The programme also caught up with

Ellie and Olivia, who had been targeted by an online

predator. The pair were shown contributing to one of

five new special films being created by SWGfL as

part its programme to reach all South West parents.

South West Grid for Learning (SWGfL) is currently

pursuing an objective to offer an opportunity to every

parent across the South West to attend an annual e

safety parents' evening. This involves the regional

Local Authorities and Police Forces jointly presenting

the risks and issues, alongside critical advice and

guidance for parents. Around 200 sessions are now

being delivered at South West schools that will bring

these vital messages to every neighbourhood.

SWGfL, the Local Authorities and Police Forces together,

aim to change the e safety landscape for the

benefit of our 750,000 children and beyond.

The risks and issues highlighted by 'Panorama' apply

as much to the South West region as they do to the

rest of the country. SWGfL has concluded through its

research and surveys that as a region:

* 20.3% of South West parents state their children

have access to the Internet in their Bedroom. In contrast

39.3% of South West Children (Y6-9) in a recent

poll state they can access the internet in the

bedroom.

* 32.0% of parents have never had a conversation

with their children about how their children should the

Internet

* 81% of South West Secondary schools have experienced

an issue related to their students conduct

on Social Networking Sites. Of these, over 60% relate

to Cyber bullying incidents, where as 19% were

related to inappropriate contact.

These are a sample of statistics that have been collected

from an array of research programmes conducted

by South West Grid for Learning. SWGfL recognises

its responsibility to help protect all its users

whilst online, most notably the 750,000 children in the

region, as a primary role. In its effort to reduce the

risks associated with the Internet and provide supporting

processes, SWGfL has established commanding

and award winning partnerships with multiple

agencies including our 5 regional Police Forces,

CEOP (Child Exploitation and Online Protection Centre

http://www.ceop.gov.uk

10. Care home death: 'Nobody should die in

such a terrible, cruel way'

25 May 2008 – Telegraph

An article discussing the current social care system

and abuse of vulnerable adults.

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

uknews/2021892/Nobody-should-die-in-such-a-terrible,-cruelway.

html

Business News

11. RBS Appoints Director of Healthcare,

London Commercial Banking

30 May 2008

The Royal Bank of Scotland (“RBS”) has appointed

Jeremy Huband as Director Healthcare, London

Commercial Banking.

Jeremy has responsibility for Healthcare within the

new expanded London Territory which encompasses

all areas within the M25 – the London Healthcare

team has also doubled in size with further significant

investment imminent.

Jeremy has been with the Bank for 23 years, joining

on the graduate scheme, and has been working on

healthcare deals since 1996. As well as years of experience

in structuring funding packages for businesses

and providers within the sector, Jeremy also

has firsthand experience of owning a care home as

he used to own a home in Norfolk. This gave him

valuable insight into the everyday issues and challenges

facing care home owners.

Ian Kay, Managing Director, London Commercial

Banking, RBS, said:

“Jeremy has a strong reputation in the industry and

I’m delighted that he will lead and grow our presence

in the Healthcare sector across London. His experience

and sector know-how will be of great value to

our customers – both existing and new – whether

they are looking to fund care homes, expansions or

new developments. As an integral part of Commercial

Banking, Jeremy and his team will work with businesses

with trading turnover of between £1m and

£25m.”

Jeremy Huband added:

“The care industry is thriving and an aging population,

rising fees and buoyant occupancy levels make this a

sector which can offer great opportunities for care

providers. My team has a wealth of experience in the

sector and I’m looking forward to continuing the success

we’ve had in the City and the expanded London

area.”

12. Nothing for Services; Nothing for Quality

28 May 2008

The English Community Care Association has

launched a report on care funding and called for local

authorities and other commissioners to behave fairly

and give care providers inflation rate increases so

that they can continue to provide quality care.

At a time when the Government is talking about personalisation

and improved quality, local commissioners

are starving services of the resources they require

to make this policy a reality.

Martin Green, Chief Executive of ECCA, said:

“Many local authorities have behaved in a shameful

and totally unacceptable way. They have abused

their power as commissioners and bullied providers

with a ‘take it or leave it’ approach to fee negotiations.

Many commissioners have used as their excuse

lack of money, but at the same time that they

have been giving nil or below inflation rate increases

to the people who provide the services, they have

found money to pay their own staff salary increases

and also to put in money to their pension funds”.

Martin Green continued:

“These commissioners are putting systems before

services and acting in a way which is totally contrary

to all the rhetoric in glossy documents and policy

statements. It is time that the Government and the

regulator called these authorities to account and

made them prioritise services over systems”.

To read the ECCA Report ‘Nothing for Services;

Nothing for Quality’ go to this week’s article on page

23.

13. Raising finances for business and

groups

June 08 - Care Management Matters

Article by Christopher Axford of Druces LLP about

some of the common methods of raising finances for

business.

14. Managing the Media: Successfully Navigating

the Waters of Public Relations

June 08 - Care Management Matters

Irving Stackpole and Elizabeth Ziemba of Stackpole

Associates in the third in a series looking at how to

work with media, with a number of handy hints.

15. Who’s making the decisions in your

home?

June 08 - Care Management Matters

MyHome Life sets out the principles behind engaging

in shared decision-making and the benefits and improved

quality of live for service users which can flow

from putting the principles into effect.

Care Homes

16. Medication malfunction?

June 08 - Care Management Matters

Les Bright takes a look at the issue of the inappropriate

use of anti-psychotic medication to manage the

behaviour of people with dementia which recently hit

the headlines again following publication of ‘Keep

Taking the Medicine 4’ by Paul Burstow MP.

Case Reports

Law Reports

17. R (G) v Nottingham Healthcare NHS Trust

R (N) v Secretary of State for Health

R (B) v Nottingham Healthcare NHS Trust

These three cases came before the High Court by

way of judicial review – each concerned the ban on

smoking, a ban which does not become effective for

the private rooms of patients at Rampton Hospital

until 01.07.08.

High security patients brought their claim on the basis

that Government Ministers had made statements that

the smoking ban was not intended to prevent people

smoking in their own homes; that the average stay of

a patient was eight years and it was correct to view

the rooms as their home.

The court held that smoking is not a human right protected

by the law.

18. SB v X County Council

Court of Appeal held that in a contentious adoption

case, where the court was dispensing with parental

consent, the question of contact with the natural family

was for the court to resolve, not for the local authority.

19. Walton Centre for Neurology v Bewley

The Employment Appeal Tribunal has held

(overturning previous case law) that a woman's successor

in a job cannot be used as a comparator

for the purposes of an equal pay claim, either under

the Equal Pay Act 1970 or Article 141 of the EC

Treaty.

Elias P. accepted the Appellant's submission that the

1970 Act does not permit a comparison with a

woman's successor because the statute envisages a

specific person contemporaneously employed with

whom a comparison can be made.

However, this was not determinative of the appeal

because it was necessary to consider whether the Act

should be read in accordance with EU law.

Having examined the case-law at some length, the

EAT decided that comparison with a successor is not

permitted under EU law either. The logic behind

comparison with a successor was the same as that

behind allowing a hypothetical comparator; in essence,

it is an exercise in speculation as to what

would have happened if they had been employed

contemporaneously. This is not consistent with the

structure of the Equal Pay legislation, which requires

comparison with an actual comparator and not a hypothetical

comparator.

We are grateful to specialist barrister Daniel Barnett

for this. www.danielbarnett.co.uk

Disciplinary cases

Nothing to report

Cases in the news

20. £97,000 payout for ‘vulnerable’ couple

tortured by an evil gang

31 May 2001—Daily Mail

For full report see Abuse—item 1

Children

21. Too middle-class, too white to adopt

1 June 2008 - The Mail on Sunday

An executive editor of BBC’s Question Time and his

wife who runs a business tried to adopt for seven

years, they didn’t mind about ethnicity. However,

over two pages they tell of their battle with political

correctness – they have managed to adopt and

sought help from their MP, Glenda Jackson, who is

said not to have bothered to reply.

There is also a comment from the editor under the

heading ‘Zealots who stop children finding love’.

22. Army of amateurs rides to the rescue of

vulnerable families

31 May 2008 - The Times

Volunteers without experience of social work have

been used in two three year trials to help families of

children who are on the ‘at risk’ register.

It is said to be a great success with 33 volunteers

helping 102 children and 43 parents.

Ed. Of course it saves a stonking great fortune –

the meetings which occur when a child goes onto

the ‘at risk’ register are reckoned to cost £40,000

each. Last year 33,000 children were placed on

the register costing £1.3bn. However, if it works,

and it does seem to, I hope that it is replicated

widely.

23. How a retired insurance broker helped a

single mother to turn her life around

31 May 2008 - The Times

Item about John Cliff, one of the volunteers for the

child protection pilot scheme and Kim, whose six children

were due to be taken into care, and how they

worked together to keep Kim and her children as a

family unit.

24. Social workers’ failings ‘put children at

risk’

28 May 2008 - The Times

A report from Ofsted, seen by The Times, discloses

that a backlog of cases leaves children at risk of

abuse.

25. Victoria Climbié Foundation Conference:

Speech by Kevin Brennan

28 May 2008 – Dept for Children, Schools & Families

A transcript of the speech by Children's Minister

Kevin Brennan at the Victoria Climbié Foundation

conference on 28 May 2008 where he talks about a

programme of reforms that has created a much

stronger framework for safeguarding children.

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

search_detail.cfm?ID=793

Conferences & Courses

26. The HealthInvestor Annual Investing in

Healthcare Conference: “Investment Opportunities

in the UK and Overseas Markets”

will take place on 11th June 2008 at One Great

George Street, Westminster, London.

This event offers a clearer understanding of the future

direction of the domestic market and an overview of

the substantial differences and common trends applicable

to the UK, US and European market. Industry

insiders will identify how developments in the US and

Europe and Eastern markets will provide UK investors

with new avenues for innovation and exciting opportunities

for revenue growth and profitability.

Delegates attending will have the opportunity to:

Identify new markets overseas and analyse key

trends

Assess rapidly changing demographic need and

to match healthcare services accordingly

Strengthen their competitive advantage through

comprehensive analysis of the dynamics of the overseas

markets.

Identify the best prospects for 2008-2009

Understand how to navigate the obstacles to

high performance

Network with potential future partners

Visit www.healthinvestor.co.uk for further

information and to book your place at this

conference. Alternatively, call 0207 451 7061

or email lukas.hall@healthinvestor.co.uk or

carolyn.spring@healthinvestor.co.uk

27. Tackling the Social Exclusion of Older

People

Tuesday 17th June 2008 – Central London

Please note that we are now taking bookings on this

popular event, which is CPD Certified, supported by

Age Concern, The Age and Employment Network

and Help the Aged, and includes a keynote

address from Mike O’Brien QC MP, Minister of State

for Work and Pensions, Department for Work and

Pensions. I would be grateful if you could find the

time to read this and also forward it on to colleagues

to whom it may be relevant, especially those involved

with Adult Social Services, Social Inclusion, Older

People’s Teams and Independent Living Managers,

so that all stakeholders are given the opportunity

to attend this important event.

Please click here for further details of this conference.

If you have any problems with the hyperlink,

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

I will send the brochure as an attachment.

Chaired by Gillian Crosby, Director, Centre for Policy

on Ageing, our expert speakers include:

Ruth Eley, National Programme Lead, Older and

Disabled People, CSIP, Department of Health

Patrick South, Head of Public Affairs, Age Concern

Jacqui Hitchen, Senior Lecturer, Edge Hill University

Angela Whelan, Senior Lecturer, Edge Hill University

Paul McGarry, Principal Programme Manager, Valuing

Older People, Manchester City Council

Chris Ball, Chief Executive, The Age and Employment

Network

Paul Cann, Director of Policy and External Relations,

Help the Aged

Sylvia Brims, Housing for Older People Services

Manager, SLFHA Ltd

Jon Allen, Independent Living Facilitator, Cambridge

City Council

We offer discounts for Block Bookings of 3 delegates

or more, please call me direct on 0207 808

5309 for more details.

THE BOOKING REFERENCE CODE IS TSDE. YOU

MUST QUOTE THIS WHEN BOOKING.

28. A New Strategy for Children’s Health:

Prevention, Intervention and Support

Thursday 19th June 2008 in Westminster.

In December, at the launch of the Government’s latest

long term plan for children, the Department for

Health and Department for Children, Schools and

Families announced they would jointly publish the

first ever Child Health Strategy (due to be produced

this Spring). Delegates at this Westminster Briefing

conference will consider the details contained within

the Strategy as well as the future direction of children’s

healthcare provision, funding and delivery.

Should you/your colleagues wish to attend, please

complete and return (by email or fax) the enclosed

reservation form at your earliest convenience in order

to secure your delegate place(s). I would also be

grateful if you could forward the details of this event

to relevant colleagues within your organisation. If you

require further information, have any questions, or are

interested in sponsorship or exhibition opportunities

please do not hesitate to contact me.

Nick Rotsides

T: 020 7096 2916

F: 020 7096 2946

E: nick.rotsides@westminster-briefing.com

Website: http://www.westminster-briefing.co.uk/

home.html

29. CSCI national conference

The Commission for Social Care Inspection is

holding its third national conference on Wednesday

25 June 2008 at the QEII Conference Centre,

London.

For more details click here

30. Delivering Quality Care

26 June 2008

One-day case study led conference at Hyatt Regency,

Birmingham offering insight from policy advisors,

CSCI and providers.

Cost £349 plus VAT, discounts for those who register

places before 30.05.08 and multiple bookings of three

or more.

31. The Local Government and Public Involvement

in Health Act: Delivering Localised

Health and Social Care

Thursday, 26th June 2008 to be held in Westminster.

Our confirmed speakers include:

Trevor Hopkins, Principal Consultant – Healthy

Communities Team, Improvement and Development

Agency (IDeA);

Tim Gilling, Health Scrutiny Programme Manager,

Centre for Public Scrutiny;

Jenny Singleton, Head of Patient and Public

Involvement and Equalities, Islington PCT; and

Elizabeth Manero, Director, Health Link

We are delighted that Cllr Barrie Taylor, Scrutiny

Commission & Health Scrutiny Chair, Westminster

Council will be chairing this Briefing.

Should you/your colleagues wish to attend, please

complete and return (by email or fax) the reservation

form at your earliest convenience in order to secure

your delegate place(s).

For more details click here

32. Westminster eForum keynote seminar

Personal Data in the Information Age

Morning, 3rd July 2008, Westminster, SW1

This seminar is supported by Information Commissioner’s

Office

Live Agenda | Our Website | Book Online

Speakers

We are delighted that David Smith, Deputy Information

Commissioner, Information Commissioner’s Office,

will be delivering a keynote address at this seminar.

Other confirmed speakers currently include: Anna

Fielder, Senior Policy Advisor, National Consumer

Council Hazel Grant, Partner, International Privacy

and Data Protection Group, Bird & Bird; Marlene

Winfield, National Patient Lead, Connecting for

Health; Phillip Webb, Chair, Government Relations

Group, British Computer Society; and Katy Worobec,

Head of Fraud Control, APACS.

The Earl of Erroll, Secretary, All Party Parliamentary

Group for Communications has kindly agreed to chair

part this seminar. Further senior speakers are being

approached.

All delegates will receive free PDF copies and are

invited to contribute to the content.

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 Personal Data in the Information

Age (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.

33. Action on Elder Abuse

Achieving Justice - Supporting Victims

7th July 2008

Ort House Conference Centre, London

Action on Elder Abuse is running a major conference

on abuse, criminal justice and supporting victims in

London in early July. As policy makers and practitioners

increasingly locate their work within a criminal

justice context, this conference poses the questions:

How do we ensure justice for victims of abuse?

Can we put victims of abuse at the centre of the

criminal justice system?

How do we support victims of these crimes effectively?

Do we need greater clarity of roles and responsibilities

within this work?

With a keynote speech by Deputy Chief Constable

Richard Crompton ACPO lead on vulnerable adults

and Vulnerable and intimidated victims

Speakers have been invited from a number of organisations

including:

Crown Prosecution Service

Victim Support

MIND

The Metropolitan Police Service

£126 + VAT for members

£140 + VAT for non-members

Discussing the often complicated relationship between

abuse, safeguarding systems, policies and

procedures and the criminal justice system: This conference

is a must for professionals working with older

people, safeguarding staff and staff from criminal

justice agencies.

A full, detailed programme and booking form will be

available shortly, but to register your interest and

request a booking form, please contact Daisy Goodstien

on daisygoodstien@elderabuse.org.uk or call

us on 0208 765 7000.

If you have any queries please contact us on 0208

765 7000.

Registration will open at 10.00am, coffee will be

available

34. “Implementing the Independent Living

Strategy: Delivering Choice and Control for

Disabled People” Westminster Briefing hosted

by The House Magazine on Wednesday, 9th July

2008 held in Westminster.

The recently launched cross-governmental Independent

Living strategy underlines the Government’s commitment

to supporting disabled people. It aims to provide

more choice and control over how their needs

will be met as well as putting in place measures to

tackle barriers in accessing health, housing, transport,

and employment opportunities. It is designed to

make a real and measurable impact on the lives of

disabled people with a commitment to monitor its impact,

year-on-year, in partnership with disabled people.

Should you/your colleagues wish to attend, please

complete and return (by email or fax) the enclosed

reservation form at your earliest convenience in order

to secure your delegate place(s). I would also be

grateful if you could forward the details of this event

12.10 Daniel Blake, Policy Development Manager,

Action on Elder Abuse

12.40 Anna Bird, Mind

13.15 Lunch

14.15 Panel Discussion

Participants to be confirmed.

15.15 Rachel Griffin, Victim Support

15.45 PC Gordon Holmes, Operation Stirling,

Metropolitan Police Service

16.15 Chairs Closing Remarks

16.30 END

to relevant colleagues within your organisation. If you

require further information, have any questions, or are

interested in sponsorship or exhibition opportunities

please do not hesitate to contact me.

T: 020 7096 2916

F: 020 7096 2946

E: nick.rotsides@westminster-briefing.com

35. Westminster Health Forum keynote seminar

Mental Health - New Horizons: after the National

Service Framework

Morning, 17th July 2008, Westminster SW1

Live Agenda| Our Website | Book Online

This seminar will examine issues around the provision

and quality of mental health services, following

on from the National Service Framework (NSF) - and

as the Darzi Review of the NHS is published.

We are delighted that Professor Louis Appleby, National

Director for Mental Health, Department of

Health, and Kathryn Tyson, Programme Director for

Mental Health, Department of Health, will both be giving

keynote addresses at this seminar.

Dr Jo Smith, Consultant Clinical Psychologist, and

Joint National Early Intervention Lead, NIMHE will

also be speaking. Further speakers are expected to

be confirmed shortly.

Output

All delegates will receive free PDF copies and are

invited to contribute to the content.

10.00 Registration opens and welcome coffee

available

10.45 Welcome and introduction - Keith Lewin,

Chair, Brunswicks LLP

11.00 Keynote Address – Deputy Chief Constable

Richard Crompton, ACPO, Lead on

vulnerable adults, and vulnerable and

intimidated victims.

11.35 Dru Sharpling, Chief Crown Prosecutor

of London, Crown Prosecution Service

© Brunswicks LLP 2008 http://www.brunswickslaw.eu Page 12

35. Westminster Health Forum keynote seminar

Mental Health - New Horizons: after the National

Service Framework (continued…)

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 to make

other arrangements.

Options and charges are as follows:

Places at Mental Health – New Horizons: after the

National Service Framework (including refreshments

and PDF copy of the transcripts) are £190 plus VAT

(£223.25);

36. 17th International Congress on Palliative

Care

23-26 September 2008 at the Palais des Congrès

in Montréal, Canada.

Presented by the Palliative Care Division of the Departments

of Medicine and Oncology of McGill University,

this biennial Congress has grown to become

one of the premier international events in palliative

care. Healthcare professionals, therapists, volunteers

and all those involved in care for the dying

come to renew themselves as providers of care and

to obtain the inspiration that will help them shape the

palliative care of the future. Since the first Congress

in 1976 under the leadership of palliative care pioneer

Dr. Balfour Mount, there has been increasing

agreement in the field that palliative care should be

provided from diagnosis, hence the shift to “Palliative

Care” from “Care of the Terminally Ill” in the title of

the 2008 Congress.

Poster abstracts may be submitted until May 28,

2008.

The early registration deadline is March 24,

2008. For more information, to register or to submit

an abstract, please visit www.pal2008.com or call

450-292-3456 ext. 227.

April O’Donoughue

Tel: +1 (450) 292-3456, ext. 227

Fax: +1 (450) 292-3453

E-mail: info@pal2008.com

Web : www.pal2008.com

37. Delivering effective end-of-life care: developing

partnership working

Wednesday 15 October 2008, 9.30am4.00pm,

London

Recognition of the need for good-quality end-of-life

care has been steadily increasing, with the release of

the government's End of Life Care Strategy being

imminent. Much pioneering work has been done by a

wide range of organisations across health and social

care. There is now a move towards effective commissioning

and co-ordination of this care, in order to enable

greater choice for those at the end of their life.

Produced in partnership between the King's Fund

and Marie Curie Cancer Care, this one-day conference

will look at how best to deliver end-of-life care.

Key speakers

Professor Mike Richards CBE, Chair, End of Life

Strategy Advisory Board and National Clinical Director

for Cancer

Dr James Beattie, National Clinical Lead, NHS Heart

Improvement Programme and Consultant Cardiologist,

Birmingham Heartlands Hospital

Places at this event are limited so we recommend

that you reserve a place as soon as possible by

downloading a registration form from our website or

booking online. For further information and to

download the full programme, please visit our website

or email us and we will be happy to provide you with

more details.

38. Mind the Gap! ECCA Conference, November

12, 2008. Book now and save £50!

Book now for our conference on the future of care at

the Holiday Inn, Bloomsbury, London WC1. Email

conference@ecca.org.uk , call 08450 577 677, or visit

www.ecca.org.uk.

Consultations

To follow next week

CSCI, CSSIW, Healthcare

Commission &

Scottish Care Commission

39. Care of young 'needs improvement'

28 May 2008 – BBC News

Care services for young people need to improve

28 May 2008 – SCC

The Care Commission has issued a report which recommends

improvements in over half of Scotland’s

residential care services.

The Commission said there were many examples of

good practice, but improvements were needed in

training and assessment procedures.

For full report click here

For SCC report click here

40. Placing a relative in care conference

28 May 2008 – CSCI

A free conference was held in Manchester today by

the CSCI to give information needed to assist a relative

make the decision to reside in a care home.

For full report click here

41. Complaints in the charity sector

26 May 2008 – SCC

The Scottish Consumer Council has reported that

organisations regulated by the Care Commission are

more likely to provide complaint information for consumers

(95.7% compared to 60%).

For full report click here

Find the full report at http://www.scotconsumer.org.uk/

publications/reports/reports08/rp05compfull.pdf

42. Star ratings published

June 08 - Care Management Matters

Des Kelly, OBE, comments on the launch of the new

CSCI ratings and draws attention to the comments of

The Relatives & Residents Association which says

the new system seems to be more about reducing

the number of inspections rather than safeguarding

residents.

43. New: PRM reports online

Read annual performance reports on corporate

providers

Our provider relationship manager (PRM) reports

provide an

Find a PRM report online

Ed. Unless the corporate providers have agreed

to the publication of these reports it may be that,

even though the information is almost a full 12

months out of date, there will be challenges.

CSCI is authorised to inspect care homes and

must provide reports on what they find; to use

the words of the Care Standards Act 2000,

[CSCI]... shall prepare a report on the matters inspected

and shall without delay send a copy of

the report to each person who is registered... It

seems to me that, unless there has been an

amendment to legislation that I have missed –

and lets face it, we are being bombarded with

continual change, it is hard sometimes to keep

abreast of them all – there is no power for CSCI to

publish this material in the way that it has.

Something which has the potential to affect values

and share prices!

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

44. Dentists' pay agreement

30 May 2008 – BBC News

A new deal has been struck to financially award dental

practices treating large numbers of NHS patients.

The agreement reached that will provide financial recognition

to a number of dental practices that do not

meet the full 'NHS Commitment' criteria but still treat

significant numbers of NHS patients.

For full report click here

45. Ambulance Chiefs Stand Down In Row

Over Bullying

30 May 2008 – The Herald

Two top managers at the Scottish Ambulance Service

yesterday announced they are standing down as an

investigation was launched into claims of harassment

and bullying.

Chief executive Kevin Doran and operations director

Grace Kennedy, who joined the service within weeks

of each other at the end of last year, have said they

are taking leave of absence while the probe is carried

out.

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

display.var.2306975.0.0.php?utag=28804

46. Hidden waiting lists 'abolished'

27 May 2008 – BBC News

The Scottish Government has announced that waiting

times are down and so-called “hidden” waiting lists

have been abolished.

The statistics were revealed by Health Secretary Nicola

Sturgeon during a visit to Monklands Hospital in

Airdrie as she announced that all waiting time targets

had now been effectively met.

But Labour and the Liberal Democrats said thousands

of patients had been completely removed from

waiting lists and just referred back to their GPs.

For full report click here

47. Bed blocking stats down to 'zero'

27 May 2008 – BBC News

Figures from the Scottish Government showed April

figures for Fife’s severe hospital delays for discharge

has been cut to zero. Only patients with “complex

needs” ended up waiting over six weeks to leave

hospital.

Fears were raised In January that delays to securing

home-care packages from Fife Council would lead to

an increase in bed-blocking.

For full report click here

48. Waiting time target 'will be met'

27 May 2008 – BBC News

NHS Highland has announced that it is currently on

course to meet a new Government target to reduce

waiting times for consultant appointments to 15

weeks.

According to new figures, the health authority said

that over 94% of in-patients seen in the first quarter

of this year had waited 15 weeks or under. More than

87% of outpatients had also been seen within 15

weeks.

For full report click here

49. Call for debate on NHS donations

26 May 2008 – BBC News

A Scottish MP is urging for guidelines on commercial

sector donations of health equipment to be clarified

after concerns were expressed to the possible formation

of a two-tier NHS.

The call came after a gift of one of the world’s best

CT scanners by the Royal Bank of Scotland to Edinburgh.

RBS staff will have access to the machine for

25% of the time at NHS Lothian.

For full report click here

Wales

Nothing to report

Learning Disabilities

50. The Great Autism Rip-Off

1 June 2008 - The Mail on Sunday

Special investigation report by Barney Calman focussing

on Blackpool mum Jacqui Jackson whose life

and six children, four of whom suffer from autism,

was the inspiration for the 2003 BBC documentary

‘My family and Autism’ which also became a film –

‘Magnificent 7’ tells of the lengths parents will go to in

order to try to get their children cured.

The investigation goes on to consider the approach of

doctors and others offering cures – both in the USA

and UK – and the crippling cost and no guarantee of

a successful outcome.

Mr Calman wonders how these people will be affected

by the new law protecting the public against

‘rogue traders’ which prohibits a business from making

a false claim that a product can cure illness.

51. Mental Capacity Act

June 08—Care Management Matters

Research by the Mental Health Foundation and the

Foundation for People with Learning Disabilities suggests

staff are confused about mental capacity issues

– 98% said they needed more training.

52. £97,000 payout for ‘vulnerable’ couple

tortured by an evil gang

31 May 2001—Daily Mail

For full report see Abuse—item 1

Legislation Update

53. No. 1334 (C.60)The Health and Social

Care (Community Health and Standards) Act

2003 (Commencement No. 12) Order 2008

29 May 2008 – OPSI

For full legislation click here

54. No. 1335 The Disability Discrimination

Code of Practice (Trade Organisations, Qualifications

Bodies and General Qualifications

Bodies) (Commencement) Order 2008

29 May 2008 – OPSI

For full legislation click here

55. No. 1336 The Disability Discrimination

Code of Practice (Trade Organisations and

Qualifications Bodies) (Revocation) Order

2008

29 May 2008 – OPSI

For full legislation click here

56. No. 200 The Safeguarding Vulnerable

Groups (Transitional Provisions) Order

(Northern Ireland) 2008

29 May 2008 – OPSI

For full legislation click here

57. No. 201 The Safeguarding Vulnerable

Groups (Prescribed Criteria) (Transitional

Provisions) Regulations (Northern Ireland)

2008

29 May 2008 – OPSI

For full legislation click here

58. No. 202 The Safeguarding Vulnerable

Groups (Barred List Prescribed Information)

Regulations (Northern Ireland) 2008

29 May 2008 – OPSI

For full legislation click here

59. No. 203 The Safeguarding Vulnerable

Groups (Barring Procedure) Regulations

(Northern Ireland) 2008

29 May 2008 – OPSI

For full legislation click here

Mental Health

60. Share rising mental health costs, says

King's Fund

30 May 2008 - Health Service Journal

The cost of mental health services is expected to rise

by 45% over the next 20 years, the King's Fund has

predicted.

61. Minister volunteers with Newark Mind

29 May 2008 - COI

Phil Hope, Minister for the Third Sector, joined volunteers

at Newark Mind to help prepare lunch for people

attending the charities' resource centre. As well

as pitching in with the work, the minister saw firsthand

the contribution that volunteers make to helping

people with mental health problems.

Newark Mind provides a range of social and educational

services to people who have or once had mental

health problems. Trained volunteers offer advice,

support and information.

Phil Hope, Minister for the Third Sector, said:

I can't speak highly enough of the work that Newark

Mind are doing and the achievements of their volunteers.

It's all too easy for people suffering from mental

illness to become isolated and cut off from their community,

these people stop that happening. I want to

give more people the opportunity to volunteer in all

sorts of ways. I had a great time lending a hand and

got a lot out of it myself.”

Nic Roberts, Business Manager, Newark Mind said:

This visit was important in both acknowledging the

work of volunteers and the voluntary sector in general

and raising the profile of the work of Newark Mind

and the huge efforts of those involved.”

Newark Mind exists to provide services to people who

have had or are experiencing mental health difficulties

and to support their families and close others.

They to provide services which are relevant, accessible,

responsive, inclusive and user led.

http://www.newarkmind.org.uk/Mind02/Welcome.html

62. Mental illness in England cost £50 billion

in 2007

28 May 2008 – King’s Fund

A year-long study into the cost of meeting the mental

health needs of the nation over the next two decades

has been published by the King’s Fund.

The study is called Paying the Price and it suggests

that significant investment in evidence-based services

could help thousands back to productive work.

For full report click here

63. ECCA Responds to King’s Fund Report

28 May 2008

The English Community Care Association has responded

to the King’s Fund report ‘Paying the Price -

The Cost of Mental Health Care in England’.

Martin Green, Chief Executive of ECCA, said:

“The King’s Fund report clearly identifies that there

will be a significant increase in the need for health

and social care services to meet the challenges of

dementia care.

“It is vital that the Government and local authorities

invest in and support residential care so that there is

enough capacity to meet the great challenges of the

future. At a time when this investment has never

been more needed, we are seeing local authorities

denying care providers fee increases and demanding

high quality care on unacceptably low levels of funding.

If the Government doesn’t show a lead and deal

with local authorities’ underfunding of care, it will be

the people who have dementia and their carers who

will pay the price”.

64. Response to “Paying the Price: The cost

of mental health care in England” report from

the King’s Fund

27 May 2008

Andrew McCulloch, Chief Executive of the Mental

Health Foundation, said: “This report shows that getting

people with mental health problems back into

work is a sure fire way to reduce the cost to the economy

due to earnings lost, which will be £41 billion by

2026. Investment by the government to support individuals

back into meaningful employment will result in

savings in the long-term and those with mental health

problems would benefit tremendously. Going to work

increases feelings of self-worth and reduces isolation.”

Commenting on the report’s assertion that the prevalence

of most mental disorders (excluding dementia)

is likely to remain stable over the next 20 years,

McCulloch said: “It is crucial that wholehearted steps

are taken to reduce the prevalence of mental health

problems including depression and anxiety. Too

many people experiencing mental distress are getting

help too late or not at all. This could be improved

if GPs received better training on mental health and

were able to prescribe a range of treatments to people

with mental health problems quickly. Work

should also be done to explain to people how to look

after their mental health - the numbers of those who

experience mental illness could be significantly reduced.

We support the recommendation made by

the King’s Fund that more research should be done

into the cost-effectiveness of mental health promotion.”

On the news that dementia is set to affect more than

900,000 individuals by 2026 due to an ageing population,

McCulloch said: “The scale of the problem

regarding old age and dementia is a serious

worry. And dementia is not just a problem for older

people - there are currently 18,000 people under the

age of 65 with dementia and this number is likely to

increase. It is vital that the government’s national

dementia strategy provides adequate care for all individuals

with the illness and their families.”

65. Mental health care 'fails Asians'

25 May 2008 – BBC News

Experts have indicated that people of South Asian

origin with mental health problems are missing out

on treatment. They warned that it is contributing to

the high suicide rate among Asian women.

For full report click here

66. Mental Capacity Act

June 08 Care Management Matters

Research by the Mental Health Foundation and the

Foundation for People with Learning Disabilities suggests

staff are confused about mental capacity issues

– 98% said they needed more training.

Miscellaneous

67. Government announces a National

School for Social Care Research with £15m

30 May 2008 - COI

The Government's commitment to improve social

care services will be given a boost with a new National

Institute for Health Research School for Social

Care Research, Care Services Minister Ivan Lewis

has announced.

This follows the launch by the Prime Minister of an

intense six month debate about the future shape of

care and support services earlier in the month, in advance

of a Green Paper.

The new School will be part of the National Institute

for Health Research (NIHR) and will receive £3 million

funding a year, for five years in the first instance.

It comes after the successful establishment of the

NIHR School for Primary Care Research in 2006.