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BHCR 2008 Vol 3 Issue 22

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

The Independent Safeguarding Authority (ISA) has

announced details of its governing board (see item 2 in

this issue). The first tranche of staff have been

transferred to the ISA (see item 3 in this issue), so, the

new body is now functioning as a ‘shadow body’.

The ISA was established in a bit of a hurry; it was the

response of Ruth Kelly when, as Home Secretary she

came under attack. Rather than say ‘sorry’, and confirm

that no system is, or can be ,perfect and when taking

decisions did her level best to balance what are

sometimes irreconcilable positions, and with the benefit

of hindsight, occasionally got decisions wrong; rather

than that, she decided to form a new body – the ISA.

It must be clear that there is no way of creating a

completely safe place for vulnerable people to live; we

can’t exclude every pervert or sadist from the caring

workforce.

The best defence, as it has always been, is to be

vigilant in recruiting and monitoring the

workforce. There is a new guidance note from

Government in relation to Criminal Records Bureau

Disclosures for volunteers (see item 8 in this issue).

However, what is not really needed is a huge and very

expensive apparatus like the ISA to protect children and

vulnerable adults from workers and volunteers who

might mistreat or abuse them. Especially one which

has fundamental flaws. I refer, of course, to the far from

surprising announcement by Chief Constables that the

CRB system simply does not work for most of those

workers recruited from overseas (see item 11 this

issue).

Of course, sadly, that misses the point. The chief

constables have forgotten that the ISA was established

to save a ministerial career!

 

ELDER ABUSE AWARENESS DAY 15 June 2008

If you would like to engage in raising awareness of elder abuse or funds for Action on Elder

Abuse the charity focusing solely on abuse of older people, contact

maggieevans@elderabuse.org.uk

Action on Elder Abuse is one of the Government’s Dignity Guardians

Volume 3

Abuse

1. In seconds my world came tumbling down

8 June 2008 - The Mail on Sunday, ‘You’

Extract from ‘How Could He Do It? By Emma

Charles about the sexual abuse by her husband of

18 yrs on their daughter.

2. Independent Safeguarding Authority announces

newly appointed board members

6 June 2008 - ISA

The new ISA Board members are Dr Valerie Brasse,

Dr John Belcher C.B.E, Richard Black O.B.E, Donald

Findlater, Tom Davies, Mehmuda Mian

Pritchard, Professor Don Grubin, Debbie Ariyo,

Moira Murray and Peter Withers. To find out more

about the members and their backgrounds please

visit

http://www.isa-gov.org/Default.aspx?page=9

3. Staff transfer to ISA

6 June 2008

On 31 March 63 key staff from the Department for

Children Schools and Families (DCSF) transferred

out of the civil service to become public servants at

the ISA bringing with them their experience of protection

issues concerning children and adults.

4. Decision making responsibility

6 June 2008

A second important milestone on the road towards

the full implementation of the ISA Scheme will be

reached this November when the ISA takes full responsibility

from Government Ministers for placing

individuals who pose a risk to children or vulnerable

adults onto the PoVA, PoCA and List 99 lists.

5. Climbie worker wins

5 June 2008 - The Times

Lisa Arthurworrey won her appeal against the General

Social Care Council’s refusal to allow her onto

the GSCC register.

The GSCC may appeal (see item below).

6. GSCC statement: CST judgement regarding

Lisa Arthurworrey’s application to be a

registered social worker

4 June 2008 – GSCC

The General Social Care Council issued the following

statement:

We are disappointed at today’s decision of the Care

Standards Tribunal 'CST' to uphold Lisa Arthurworrey’s

appeal against the decision of the General Social

Care Council 'GSCC' to refuse her registration.”

“As the social care workforce regulator, the GSCC’s

judgements about the suitability of applicants to practise

as social workers, which are guided by rules approved

by government, aim to improve standards of

social care and to protect the many vulnerable people

who receive services from the workforce. Our position

on this case is set out in our submission to the Care

Standards Tribunal.”

“We are now studying the judgement to consider the

grounds on which the CST has reached its decision.”

To read the judgement go to http://

www.carestandardstribunal.gov.uk/Public/View.aspx?ID=890

7. Minister in Moray to launch centre for child

abuse probes

4 June 2008 - The Press and Journal

A new unit has been launched in Elgin, Scotland

based in the local police station after more than a

doubling of child protection referrals to social workers

in four years.

8. New guidance on CRB checks for volunteers

4 June 2008 - COI

The Cabinet Office has published guidance to help

organisations that use volunteers to be clear about

when they do and don't need to carry out Criminal

Records Bureau (CRB) checks on volunteers. It is

said that this guidance will help cut unnecessary red

tape and responds to concerns voiced by the voluntary

sector that potential volunteers can be put off if

they are asked to undergo a CRB check without good

reason.

People volunteering or working with children or vulnerable

adults are sometimes legally required to have

a CRB check. Where contact with vulnerable people

will be limited or perhaps the person has been recently

CRB checked for a different role, a decision

about clearance must be made. The guidance clearly

explains how the check works as part of a proper risk

management process. Other safeguards such as

interviewing, training and taking references from potential

volunteers can also be employed.

Phil Hope, Minister for the Third Sector, said:

The Government has a duty to protect vulnerable

people and CRB checks play an important part in

this. However, it is a real waste if volunteers are being

put off doing their hugely valuable work because

checks are being carried out unnecessarily. Risk

has to be managed properly and proportionately and

I hope that this guidance will help organisations by

giving them a clear step by step process to follow.

'The Government has made sure that CRB checks

are free for volunteers, saving volunteer involving

organisations £26.6 million in 2007/08. I want to encourage

more people to volunteer and will continue

to tackle the barriers that prevent them.”

The guidance responds to recommendations put to

the Government by Baroness Neuberger, the Government's

Independent Volunteering Champion. Baroness

Neuberger said:

"I welcome this guidance and the Government's

overall positive response to the recommendations of

the Commission on the Future of Volunteering. I believe

that the guidance will address some of the issues

raised in our consultation and I hope that it will

promote a proportionate approach to CRB checks.

The guidance is particularly important in public service

organisations and I hope that the Government

will push the use of the guidance in health and education

strongly.

Ed. The Guidance on CRB checks and volunt

e e rs is ava i l a b le at : h t t p : / /

www.cabinetoffice.gov.uk/~/media/assets/

www.cabinetoffice.gov.uk/third_sector/OTS_CRB%

20pdf.ashx

Baroness Neuberger's review of volunteering in

health and social care is available at: http://

www.cabinetoffice.gov.uk/third_sector/news/

n e w s _ s t o r i e s / ~ / m e d i a / a s s e t s /

www.cabinetoffice.gov.uk/third_sector/neuberger%

20pdf.ashx

9. Thunderer – Nick Hume on vetting volunteers

3 June 2008 - The Times

Mr Hume persuasively argues that this Government

is now beginning to realise that vetting of everyone

who comes into contact with vulnerable groups is

useless, but, nevertheless wants nothing less than

the vetting of everyone!

10. Jersey abuse case: Jack Straw urged to

step in

2 June 2008 - The Telegraph

Stuart Syvret, a former minister in Jersey's parliament

who lost his job after drawing attention to allegations

of abuse, has written to Jack Straw, Justice Secretary,

asking him to ensure justice is done and that the

scandal is not swept under the carpet.

Mr Syvret, who remains a member of the States –

Jersey’s Parliament – asserts that there is a very real

danger of political interference in the judicial process,

because of significant overlaps in Jersey between the

legislature and the judiciary. Mr Straw has the power

to impose his will on the otherwise autonomous

Channel Islands because the Privy Council, which

comes under his jurisdiction, must ensure 'good governance

and the proper administration of justice' on

the islands.

11. Care home workers go unchecked, police

warn

2 June 2008 - The Times

Tens of thousands of migrants are working with vulnerable

elderly people in care homes without undergoing

full criminal record checks, The Times has

learnt. Senior police officers have alerted Jacqui

Smith, the Home Secretary, to the scale of the problem

in a report detailing the impact on the UK of migration

from Eastern Europe.

The introduction of the new watchdog, the Independent

Safeguarding Authority, next year to vet care

workers will not address the problem, they add.

Ms Smith has been told that tens of thousands of migrants

are being employed in care homes and the

NHS without being fully checked because the authorities

cannot access criminal records in foreign countries.

It is privately admitted that many people are

working without full checks.

A spokesman for the Independent Safeguarding Authority

said that work was under way to get access to

overseas criminal convictions.

“The ISA’s partners in the Criminal Records Bureau

remain committed to improving access to overseas

criminal convictions data and last year began working

towards exchanging information for employment vetting

purposes across borders.

Pilot projects are being planned with the Republic of

Ireland, France, Poland and Australia.”

11. Care home workers go unchecked, police

warn (continued…)

He added: “The UK already has one of the most advanced

systems in the world for carrying out preemployment

checks. The introduction of the ISA from

October 2009 will be a crucial step forward, creating

a constantly updated single central record of more

than 11 million people who work with children and

vulnerable adults. It will also contain information from

employers about workers’ behaviour or suitability.

We have always said that further job-specific checks

may still be needed and employers should always

follow good practice when recruiting.”

12. Jersey to bring in tougher register for

sex offenders

2 June 2008 - The Times

Jersey’s Attorney-General, William Bailhache QC,

says that a sex offenders register much wider in

scope than that in England & Wales will be introduced

on Jersey.

13. Crown Prosecution Service Policy on

Crimes against the older person

Issue 34, Action Points, AEA

Dru Sharpling, Chief Crown Prosecutor of London,

sets out a robust view to the approach which should

be taken to offences against older people.

Business News

14. Qataris pay off Taylor over split

8 June 2008 - The Sunday Times

Three Delta no longer Qataris' alpha investor

8 June 2008 - Sunday Telegraph

When Qatari Investment Authority bought Four Seasons

Healthcare for £1.4bn the Qataris, then represented

by Three Delta is thought to have contributed

just £50m from its own resources the rest was

funded with debt, of which £130m was a very high

interest loan from the Royal Bank of Scotland.

The financing deal had a two-year lifespan, maturing

now and refinancing in a post credit crisis is much

tougher. To make things worse, the care homes business

either has breached or is close to breaching its

banking covenants. Back in April 2008 RBS started

demanding that Three Delta must put in much more

equity into the business. This has caused a battle

between Four Seasons and its many bankers..

Sensing blood, hedge funds specialising in distressed

credit have been buying into the debt - which is trading

way below face value - in the hope of making a

quick buck. Some of the funds have banded together

with financial institutions represented by restructuring

specialist Houlihan Lokey - a boutique which has a

fearsome reputation for playing hardball in debt negotiations.

Paul Taylor who founded Three Delta has lost the

confidence of the Qataris and he is off the job – his

interest in Three Delta has been bought by QIA and a

joint statement has issued.

15. Qatar fund's rift with adviser

4 June 2008 - Financial Times

The relationship between the Qatar Investment Authority

and Three Delta, its UK investment adviser run

by Paul Taylor, has broken down and the sovereign

wealth fund is working on buying out his interest in

Four Seasons, the care home operator.

Four Seasons is the UK's third-largest nursing home

operator behind Southern Cross and BUPA, with 333

care homes running nearly 17,000 beds. It is facing a

massive refinancing in three months of £1.2bn

($2.35bn) of its £1.5bn debt load.

A person close to the QIA said: "As a limited partner,

QIA has had no management input into the running of

this investment. It is too early to say what the QIA will

do although efforts are being made to find a solution.

"It is important to understand that the lenders are now

in the driving seat and no decision about the future of

Four Seasons can be taken without their contribution.

The QIA is making every possible effort, in association

with Credit Suisse and other advisers, to get

comfortable with valuations and to open up discussions

with the lenders."

It is thought that QIA is examining the possibility of

buying out the 50% interest of Mr Taylor's in the

Three Delta Fund which spent about £3bn on four UK

care businesses: Care Principles, NHP, Senad and

Four Seasons.

16. Mears Group PLC

4 June 2008 - AGM Statement

At the Company's AGM, Bob Holt, Chairman,

said: “We are pleased to report a satisfactory performance

for the first four months of 2008 and are

confident that the Company will again produce results

to meet the Board's expectations.”

There has been £80m of further social housing contract

wins.

Care - new contract wins amount to over 6,500 hours

per week or over £4m of annualised revenues.

Move to the Official List of the UK Listing Authority

and to its shares being traded on the London |Stock

Exchange is on track and the Board expects to be

listed on 23.06.08.

17. Care UK Plc

3 June 2008

Annual Report & Accounts for the year ended 30

September 2007.

The Annual Report & Accounts are available for

viewing at the Company's website: www.careuk.com

18. £22.5m sale of Beacon Care to CareTech

2 June 2008

AIM listed CareTech Holdings PLC completed

the purchase of the entire issued share capital of

Beacon Care Holdings Ltd and Beacon Care Investments

Ltd together with 16 freehold properties.

The transaction was completed by the payment of

£18.6million, payable on completion and was satisfied

by a cash payment of £15.95million and by the

issue of 600,000 ordinary shares in CareTech. Deferred

consideration of up to £3.9 million in cash will

become payable to the vendors following the

achievement of certain performance targets.

Beacon Care provides a focused range of specialist

services for adults with learning difficulties including

residential care and supported living schemes and

has 16 freehold care homes located in the SE of

England, with a total capacity of 111 beds.

CareTech Holdings PLC funded the deal from partial

utilisation of the Group's new £120m bank facility

provided by the Royal Bank of Scotland and Allied

Irish Bank.

19. Care home investors join battle over

debts

2 June 2008 - The Telegraph

Bondholders in £1.4bn Four Seasons have waded

into the battle between the care home chain's Qatari

owners and its lender Royal Bank of Scotland.

Houlihan Lokey a venture capitalist with a reputation

for hard-headed negotiation,, declined to comment on

what the bondholders will demand, but a spokesman

for the adviser said: "We are interested in supporting

the company work through its refinancing."

20. Financial Close for Manchester and

Southampton Wave 2 ISTC contracts

2 June 2008

Care UK Plc announced that it reached financial

close for the two Phase 2 Independent Sector Treatment

Centre contracts, the Clinical Assessment and

Treatment Services (CATS) in Manchester and the

Southampton centre under Partnership Health

Group’s Hampshire/Isle of Wight contract. Both contracts

will run for seven years.

The Manchester CATS service is due to commence

in Winter 2008 and is intended to provide extended

primary care services in a number of key specialties

for patients in Greater Manchester. The contract is

expected to require total capital investment of around

£13m.

The PHG contract is to provide a range of elective

surgical procedures at a newly refurbished treatment

centre to be located within the Royal South Hants

Hospital in Southampton. The facilities will be leased

from Southampton City PCT. The contract will require

investment of approximately £5m, all of which will be

funded by PHG from internally generated cash flows.

Mike Parish, Chief Executive of Care UK said: "We

are delighted to continue working in partnership with

the NHS, and particularly with the Primary Care

Trusts with whom we have developed close working

relationships. Both the Manchester and Southampton

services will provide convenient, high quality services

for NHS patients, building on our existing experience

as members of the NHS family.”

Care Homes

21. New best practice guidelines for care

homes

5 June 2008 – NCF

Help the Aged has published a report through their

ground-breaking project My Home Life, called 'Best

practice in care homes - what is the evidence?'

The publication coincides with National Care Homes

Week, running from 2-6 June.

The special bulletin summarises best practice guidance

for achieving quality of life for people living, dying,

visiting and working in care homes for older people.

For full report click here

22. OAPs moved out of Aberdeen care home

over concerns

5 June 2008 – Evening Express

Pensioners are going to be moved from an

Kingsmead Nursing Home in Kingswells, Aberdeen

because council bosses are worried that they are not

getting the care they deserve.

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

Article.aspx/674446?UserKey=0

23. Care home life is 'slow death'

4 June 2008 – BBC News

A report by Deddie Davies, a sprightly 70-year-old

who agreed to spend five days in a care home as part

of an investigation into care of the elderly for Radio

4’s Today programme.

For full report click here

24. Care home 'failings' report to be published

this month

3 June 2008 – Scotsman

An investigation into alleged failings at the Ashley

Court Nursing Home in Morningside has reached its

conclusion and the findings will be published later

this month.

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

39failings39-report-to.4144368.jp

25. Aberdeen care home resident fell ill while

staff had party

3 June 2008 – Evening Express

A complaint against Kingsmead Nursing Home in

Kingswells was upheld by the Care Commission after

a resident was left to fall ill as staff attended a Christmas

party.

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

Article.aspx/669327?UserKey=0

Case Reports

Law Reports

26. Scammell and Scammell v Farmer

A testatrix suffering from early onset Alzheimer's disease

did have testamentary capacity at the time her

final will was executed, had known and approved of

the will, and had not been subjected to undue influence.

Disciplinary cases

Nothing to report

Cases in the news

27. Climbie social worker wins appeal

4 June 2008 – BBC News

Lisa Arthurworry has won her appeal to continue

working in her role as social worker after being

sacked by Haringey Council in 2002 for misconduct.

She was also banned from working with children in

the wake of Victoria Climbie’s death.

The Care Standards Tribunal (CST) upheld Lisa Arthurworrey's

appeal against the decision not to register

her as a social worker.

For full report click here

Ed. See also item 6, this issue - press release

from GSCC.

Children

Nothing to report

Conferences & Courses

To follow next week

Consultations

28. The Future Regulation of Health and

Adult Social Care in England: A consultation

on the framework for the registration of

health and adult social care providers

Closing Date: 17 June 2008

A consultation seeking views on the future regulation

of health and adult social care. It seeks to consider

which health and adult social care services should

require registration with the Care Quality Commission

and what the requirements for registration should be.

It also considers when providers of regulated services

should be required to have a registered manager and

how primary care services should be included in the

new registration system.

For full consultation click here

29. Children and Adoption Act 2006: Court

rules – Consultation

Closing Date: 20 June 2008

A consultation seeking views on draft court rules and

forms to support the implementation of the remaining

provisions of the Children and Adoption Act 2006.

These provisions would then enable courts to use

contact activities to help resolve child contact disputes

and give them more flexible powers to enforce

contact orders.

For full consultation go to http://www.justice.gov.uk/

publications/cp0708.htm

30. Consultation: Human rights inquiry

Closing Date: 21 June 2008

Consultation seeking views on how public authorities,

such as hospitals, schools or local and national government

offices, make sure they treat people well and

in line with legal requirements under the Human

Rights Act.

For consultation go to http://www.equalityhumanrights.com/

e n / p r o j e c t s / h u m a n r i g h t s i n q u i r y / P a g e s /

Gatheringevidence.aspx

31. Consultation: Statutory guidance for children's

trusts on the duty to cooperate

Closing Date: 26 June 2008

This consultation seeks views on draft statutory guidance

for children's trusts on inter-agency cooperation

to improve the well-being of children, young people

and their families.

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

conDetails.cfm?consultationId=1544

32. NICE Consultation: The 2008 update to

the guidelines manual

Closing Date: 1 July 2008

Consultation seeking views on a draft update of a

manual that describes the detailed process and

methodology used to produce NICE clinical guidelines.

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

howwework/developingniceclinicalguidelines/

clinicalguidelinedevelopmentmethods/

guidelinesmanualconsultation2008update.jsp

33. Proposals to change NHS structure in

Wales

Closing Date: 2 July 2008

The Welsh Assembly has announced proposals to

change the NHS's structure in Wales.

The proposals are part of a three-month consultation,

include plans to abolish the internal market by providing

funding from the Welsh Assembly or an NHS

Board for Wales directly to trusts and local health

boards.

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

34. Call for Evidence: The Child and Adolescent

Mental Health Services review - Next

steps to improving the emotional well-being

and mental health of children and young

people

Closing date: 7 July 2008

This consultation calls for evidence on how universal,

targeted and specialist services can be improved to

meet the needs of children and young people who

are experiencing, or are at risk of, mental health

problems.

For consultation click here

35. NICE: Current consultations

To browse through consultations go to http://

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

36. The General Medical Council

(Constitution) Order 2008: A paper for consultation

Closing Date: 11 July 2008

A draft order setting out a proposed constitution for

the GMC, providing details of the composition of the

council, the terms of office of council members, and

criteria for the disqualification, suspension or removal

of members from office.

For consultation click here

37. Saving Carbon, Improving Health: A Carbon

Reduction Strategy for the NHS in England

Closing Date: 21 August 2008

The consultation document can be found at http://

www.sdu.nhs.uk

38. Towards a Strategy to Support Volunteering

in Health and Social Care: Consultation

Closing Date: 30 September 2008

A consultation seeking views on a proposed volunteering

strategy for health and social care that will

articulate the key actions needed to address the perceived

obstacles to volunteering.

For full consultation click here

CSCI, CSSIW, Healthcare

Commission &

Scottish Care Commission

39. Care inspections 'raise concerns'

6 June 2008 – BBC News

A questionnaire of care home staff by the Commission

for Social Care Inspection (CSCI) has revealed

that there are concerns that inspections are not carried

out often enough. The questionnaire was organised

by BBC Radio 4's Today programme.

For full report click here

40. Nursing home in Care Commission probe

‘to close’

5 June 2008 – PressandJournal.co.uk

Relatives of residents at Kingsmead Nursing Home in

Kingswells say they were told it is to close.

Care Commission Scotland took action against the

home after an inspection uncovered “significant failings”

in provision of care. The home, which accommodates

65 disabled and elderly residents, was

forced to halt its intake.

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

Article.aspx/674907?UserKey=0

41. Care body 'worse than useless'

5 June 2008 - BBC Radio 4 ‘Today’

In the latest radio series looking at care of the elderly

in the UK, the Today programme examined the role of

the watchdog< Commission for Social Care Inspection,

which inspects care homes in England.

"It is a watchdog without any teeth or even a will to

act." according to HM Coroner for Isle of Wight, John

Matthews', whose condemnation of CSCI, which

oversees about 18,500 care homes in England. Last

year, he recorded a verdict of accidental death contributed

by neglect after a 93-year-old man died following

a fall.

The deceased man was found in a road, half-a-mile

away from the care home where he lived. He had a

tendency to wander off and on this occasion, he had

wandered off unnoticed.

For BBC report click here

42. Healthcare Commission response to Department

of Health plans to tackle underperformance

4 June 2008 – Healthcare Commission

Anna Walker, chief executive of the Healthcare Commission

has stated:

“We strongly welcome the government’s commitment

to driving up standards of care on behalf of patients,

and tackling poor performance before it becomes a

crisis.”

“As the regulator, the Healthcare Commission already

identifies both good and bad performance. We

see significant variations in standards of care, much

of which relates to the quality of leadership and management.”

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

newsandevents/pressreleases.cfm?

cit_id=6469&FAArea1=customWidgets.content_view_1&usec

ache=false

43. Healthcare watchdog review finds progress

in standards of services for people

with learning disabilities at Sutton and Merton

Primary Care Trust

4 June 2008 – Healthcare Commission

Healthcare Commission praise for Sutton

and Merton

5 June 2008 – Community Care

The Healthcare Commission has declared that Sutton

& Merton Primary Care Trust has made good

progress in its bid to improve the standard of services

aimed at those with learning disabilities.

The trust is now starting to focus on delivering a new

model of care that puts choice and control for the

users of services at the heart of what the trust does.

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

newsandevents/pressreleases.cfm?

cit_id=6468&FAArea1=customWidgets.content_view_1&useca

che=false

For CC report click here

To access the report go to http://

www.healthcarecommission.org.uk/newsandevents/

pressreleases.cfm?

cit_id=6468&widCall1=customWidgets.content_view_1&useca

che=false

44. King’s Fund response to Commission for

Social Care Inspection report on dementia

care

3 June 2008 – King’s Fund

King’s Fund Chief Executive, Niall Dickson has commented

on the Commission for Social Care Inspection’s

report /See me, not just the dementia’:

“Over the next 20 years we are going to witness a

dramatic increase in the number of people suffering

from dementia. Unless there is a major breakthrough

in drugs to arrest the course of this illness, there will

be a great need for extra care and support, some of it

quite intense.”

“Specifically the increase in very old people in the

next 20 years re-enforces the need for affordable and

good quality social care as the very old – those over

85 – are more likely to have outlived friends and family

and won’t have that informal network of support to

turn to for help.”

For full report click here

45. CSCI national conference

June 2008 - Commission for Social Care Inspection

Newsletter

Being excellent - celebrating good practice and

innovation in social care

CSCI is holding its third national conference on

Wednesday 25 June 2008 at the QEII Conference

Centre, London.

More information about national conference

46. Changes in how we interpret the National

Minimum Standards (NMS)

June 2008 - Commission for Social Care Inspection

Newsletter

CSCI has agreed with the Department of Health two

changes in how it interprets the NMS with regards to

the delivery of personal care and care plans.

Until we update our guidance logs, these changes

can be found on our website:

16 -18 year olds providing personal care

Personal Budget Support Plan and Domiciliary Care

Agencies Regulations

Dementia

47. Lord of Discworld flights to save his powers

8 June 2008 - The Sunday Times

Author Terry Pratchett, 60, who has donated

£500,000 to Alzheimer’s research speaks of his approach

to controlling the grip which the disease seeks

to exert on his life as a sufferer of early onset dementia.

48. All care homes must look after the emotional

needs of people with dementia

4 June 2008 - Mental Health Foundation

Responding to the new Commission for Social Care

Inspection report See me, not just the dementia, Toby

Williamson, Associate Head of Service Improvement

at the Mental Health Foundation, said:

 “It is worrying to learn that in some care homes in the

UK, little attention is being paid to the mental and

emotional needs of people with dementia. The Commission

for Social Care Inspection report reveals that

the way in which staff communicate can have a huge

impact on how with people with dementia living in

care homes feel. Social interaction is as basic a need

as food or sleep. It is incredibly sad that people with

dementia in some care homes are not given the opportunity

to engage in conversation, even at a very

simple level, and are being failed in this way.”

“We know that up to 50% of people with dementia

experience depression, half of whom suffer with the

condition in its severe form. It is therefore vital that

staff in care homes are encouraged to reach out to

those who may be more withdrawn and vulnerable

as a consequence - to improve their quality of life.”

“Dementia is set to affect more than 900,000 individuals

by 2026 and the UK has relatively high levels

of residential care for people with the disease in

comparison to some other European countries. The

quality of care provided in care homes is set to be an

issue of concern for increasing numbers of individuals

with dementia and their families in the future

unless improvements are made.”

49. See me, not just the dementia

June 2008 - Commission for Social Care Inspection

Newsletter

Understanding people's experiences of living in a

care home

The big news this month is the launch of the CSCI

report which focuses on people with dementia living

in care homes. The new format for this report includes

filmed interviews and good practice discussions.

You can download this report and watch some of the

video clips on CSCI’s website:

Find out more about the 'See me, not just the dementia'

report

For full report click here

For 2nd CSCI report click here

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

50. Family angry over bug treatment

4 June 2008 – BBC News

The family of a woman who caught C.diff at Mid-

Ulster Hospital has claimed that medical staff failed to

treat their mother properly. The 79-year-old was

transferred to Antrim Area hospital and her condition

deteriorated.

The family said it seemed she would be written off,

but then persuaded one doctor to reinstate their

mother’s medication, after which she made an overnight

recovery.

For full report click here

Scotland

51. NHS website to mark 60th birthday

6 June 2008 – BBC News

The Scottish NHS is set to launch an archive of material

charting the history of the NHS to mark its 60th

anniversary.

The website charts Scottish contributions to the

health service through a timeline, and features the

recollections of staff and patients, as the NHS

reaches its 60th birthday on 5 July.

For full report click here

52. Nursing home in Care Commission probe

‘to close’

5 June 2008 – PressandJournal.co.uk

For full report go to CSCI etc…. – item 40

53. Single-staffed ambulances to end

4 June 2008 – BBC News

Health Secretary, Nicola Sturgeon has ordered the

Scottish Ambulance Service to bring forward plans to

end single-staffing of its emergency ambulances

within a month.

An independent probe has been ordered into allegations

of bullying and harassment at the organisation.

For full report click here

54. Public To Elect Health Boards

3 June 2008 – The Herald

Health Secretary, Nicola Sturgeon has announced

that she intends to pilot polls which will enable the

public to elect members to Scotland’s health boards.

She said she expects the first ballots to take place in

2010.

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

display.var.2313889.0.0.php?utag=28804

55. Care home 'failings' report to be published

this month

3 June Edinburgh Evening News

An investigation into apparent shortcomings at a care

home in Edinburgh has concluded the findings will be

published later this month. Officials from the Care

Commission interviewed staff, residents and relatives

about alleged failings at the Ashley Court Nursing

Home, Morningside after the newspaper’s reporter,

Charlotte Bailey, spent a week working as a care

assistant at the home.

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

39failings39-report-to.4144368.jp

56. Nurse crisis cuts children's unit

2 June 2008 – BBC News

Aberdeen Children’s Hospital has had to close a high

dependency unit for 2 months due to a shortage of

nurses.

A recruitment drive has started to try to persuade

suitably-qualified staff to return to work to plug the

gap in paediatric nurses in the region.

For full report click here

Wales

57. Welsh government considers case for

single mental health body

6 June 2008 – Community Care

A report commissioned by the Welsh Assembly Government

reveals that Edwina Hart, Health and Social

Services Minister, is considering making mental

health services in Wales the responsibility of a single

statutory body.

For full report click here

58. Hospitals extend C. diff testing

5 June 2008 – BBC News

The Welsh Assembly Government has said it will

extend C.diff routine tests to hospital patients aged

between 2 and 65 years old.

Health Minister, Edwina Hart has also ordered a review

of the number of C. difficile cases at Prince

Charles Hospital in Merthyr Tydfil, because at least

33 patients were infected at the hospital earlier this

year.

For full report click here

59. Home sale to pay for care slammed

3 June 2008 – BBC News

Cardiff Local Health Board has been criticised after

an elderly woman was forced to sell her house to pay

for her nursing care.

Eileen Puc, 74, from Bridgend, paid more than

£60,000 in the three years she lived at a care home

in Cardiff after the Health Board said she was not

entitled to funding despite serious ill health.

The public services ombudsman Peter Tyndall disagreed

with the decision and said the health board

must look again at her case.

For full report click here

Learning Disabilities

Nothing to report

Legislation Update

60. No. 235 The Planning (Avian Influenza)

(Special Development) Order (Northern Ireland)

2008

6 June 2008 – OPSI

For full legislation click here

61. No. 236 (C.12)The Disability Discrimination

Act 1995 (Commencement No. 10) Order

(Northern Ireland) 2008

6 June 2008 – OPSI

For full legislation click here

62. No. 233 (C.11)The Safeguarding Vulnerable

Groups (2007 Order) (Commencement

No. 2) Order (Northern Ireland) 2008

5 June 2008 – OPSI

For full legislation click here

Mental Health

63. ADASS demands end to councils' 'retreat'

from mental health

6 June 2008 – Community Care

The Association of Directors of Adult Social Services

has called for all local governments and social care

bodies to reassert their roles in mental health care.

The ADASS made its call in a published report setting

out proposals for the Government to replace the national

service framework for mental health which is

due to expire in 2009.

For full report click here

64. Mental Health Foundations responds to

the Society of Occupational Medicine's new

research

4 June 2008

In response to new research by The Society of Occupational

Medicine that returning to work can aid people

with depression, Andrew McCulloch, Chief Executive

of the Mental Health Foundation, today said:

“The Society of Occupational Medicine’s research is

further evidence that being in employment is priceless

for a person who has experience of a mental illness.

Sadly, many employers don’t want to give a job to a

person with a history of mental ill health. Workplace

discrimination is often the real barrier that stops individuals

from being able to go back to work.”

 “If people with experience of mental illness are to be

given the opportunity to get a job then employers

must be given clear guidance and information that

will make it easy for them to support a person with a

mental health problem in the workplace. Employers

cannot be expected to do it alone – many feel uncomfortable

when it comes to talking about mental

illness.”

“People with mental health problems benefit hugely

from getting back into employment but there is also a

strong economic argument as to why the government

should invest to support individuals back to work. A

recent report* revealed that the cost to the economy

due to earnings lost as a result of mental ill health

will be £41 billion by 2026. Spend would result in

savings in the long-term.”

*Paying the Price: The cost of mental health care in

England. The King’s Fund (May 2008) -

www.kingsfund.org.uk

65. The Mental Capacity Act: Local authority

circular

2 June 2008 – DoH

A circular setting out resources available for the

Mental Capacity Act 2005 for the year 2008-09 and

provisional figures for 2009-10 and 2010-11.

For full report click here

Miscellaneous

66. Reform of NHS dental service has left

nearly one million patients worse off

6 June 2008 - The Times

Following the Department of Health’s reorganisation

of dentistry in 2006 far fewer people see an NHS

dentist than before.

67. Adult care reform

5 June 2008 - The Times, Letters to the Editor

Dame Jo Williams of Mencap and 11 other CEOs of

equally high-profile charities from the health, social

care and older peoples sectors call on the Government

to carry out a review of the impact of care

charges on service users.

68. NHS dental access 'falls further'

5 June 2008 – BBC News

NHS Information Centre statistics reveal that nearly

900,000 fewer people now see an NHS dentist than

before the Government reforms.

In the two years up to December 2007, 53.7% of the

English population saw a dentist compared with

55.8% in the 24 months before the new dental contract.

For full report click here

69. Government pledges £900,000 towards

independent living and launches support

programme for councils

4 June 2008 - COI

Minister for Care Services Ivan Lewis announced an

extra £900,000 to help disabled people work towards

having more independent lives.

Speaking at an Office for Disability Issues consultation

event on delivery of the Independent Living Strategy

the Minister pledged new funding to help create

up to 14 user-led organisations become new Action

and Learning Sites. These organisations are led and

controlled by disabled people and aim to help disabled

people lead more independent lives.

Minister for Care Services Ivan Lewis said:

"I am delighted to announce this new funding for Action

and Learning sites, to support disabled people in

leading more independent lives. Last year over 100

User-Led Organisations applied to become action

and learning sites. We hope that there will be a similar

level of interest in the Second Wave. We are already

supporting 12 sites which we announced in

March this year.

"I am also pleased to support the Personalisation Programme

with the introduction of the Personalisation

guide. This guide will provide councils with the building

blocks to deliver a more personalised care service

where the individual themselves is in control of their

support. The Department of Health will also be working

with leaders in the adult social care sector to recruit

a National Director for Social Care Transformation,

and will be leading a series of workshops around

the country to help local authorities transform their

systems."

70. Criminal Records Bureau Checks: Guidance

for volunteering

4 June 2008 – Cabinet Office

Guidance has been issued to clarify when organisations

that use volunteers do and do not need to carry

out Criminal Records Bureau checks on volunteers.

The guidance aims to cut unnecessary red tape and

responds to concerns voiced by the voluntary sector

that potential volunteers can be put off if they are

asked to undergo a Criminal Record Bureau check

without good reason.

For full report go to http://www.cabinetoffice.gov.uk/~/media/

assets/www.cabinetoffice.gov.uk/third_sector/OTS_CRB%

20pdf.ashx

71. Appointments to GMC Council

3 June 2008 - The Times

12 medical members and 12 lay members

sought. Expect to give 3-4 days each month to GMC

business.

72. General Chiropractic Council

3 June 2008 - The Times

Seeks 8 investigating members and 18 Conduct

Committee members to hear cases against chiropractors.

All to be in post by Feb 2009. Remuneration

£275 per day plus travel and subsistence.

73. Hospital wipes 'spreading MRSA'

3 June 2008 – BBC News

The Welsh School of Pharmacy has said that some

types of anti-bacterial wipes used by hospital staff to

clean surfaces could in fact, be helping to spread

bacteria rather than prevent it.

The researchers found that MRSA survived on the

wipe and then started to contaminate everything else

it touched, and recommended that wipes should be

thrown away after cleaning one surface.

For full report click here

74. Consultant doubt over polyclinics

3 June 2008 – BBC News

A survey by the British Medical Association suggests

that many NHS consultants doubt the merits of a

new generation of large scale polytechnics. The survey

received 1,587 responses to its poll canvassing

consultant opinion with 60% saying they either disagreed

or strongly disagreed it would improve patient

care, whilst 42% were not convinced that access to

treatment would be improved.

Over 70% said they would destabilise hospitals and

GP practices.

For full report click here

75. Millions must be on vetting list

2 June 2008 – BBC News

The Independent Safeguarding Authority (ISA) is

planning to expand its safeguarding scheme which

will require over one in four adults in England to register

with child protection authorities.

Anyone working or volunteering with young people

will have to register, and the Government said that

11.3 million people will be on a database, with registration

costing £64 per person.

The Government’s consultation response does state,

however, that employers giving work experience to

secondary school students will not be compelled to

register their staff.

For full report click here

76. Phone health checks for patients

2 June 2008 – BBC News

An Edinburgh University team is investigating on a

new way for patients with long-term illnesses to monitor

their health at home.

Lung disease, diabetes and high blood pressure

could soon be monitored using mobile phones.

The Chief Scientist's Office awarded £1m to the institution

for a pilot project in Scotland, and it is hoped

such technologies may lessen the burden on the

NHS.

For full report click here

77. GPs campaign against polyclinics

2 June 2008 – BBC News

A group of Lancashire doctors has started campaigning

against new health centres which they fear could

threaten or close their own practices.

Three "polyclinics", set to house doctors alongside

other medical staff, are planned on the Fylde in

Bispham, Fleetwood and Thornton Cleveleys.

The government said the centres would ease pressure

on hospitals, while giving patients more choice

but the GPs said the move could mean the end of

local, family doctors.

For full report click here

78. Government responds to second ISA consultation

30 May 2008 – CRB

The Government has published its formal response to

the recent consultation on the Independent Safeguarding

Authority scheme for vetting and barring

those who work with children or vulnerable adults.

The document has been produced by the Department

for Children, Schools and Families, Home Office and

Department of Health.

For full report click here

To access the full response click here

NHS

79. Doctors’ anger at cruelty to Patients

8 June 2008 - The Sunday Times

Front page item Baroness Ilora Finlay, president of

the Royal Society of Medicine, has slammed the Government

over its handling of the so called ‘copayments’

issue whereby if an NHS patient pays for

any part of his treatment he must pay for all of it including

the treatment usually provided by the NHS

free at point of delivery.

80. We paid into the system all our

lives. Why has the NHS turned on us?

8 June 2008 - The Sunday Times

Full page item looking in more detail at the copayments

issue and the plight of individual patients

directly affected by the stance.

81. Hospitals run by HSBC pay £200 to fit

wall socket

8 June 2008 - The Sunday Times

Item about Public Finance Initiative (PFI) projects

under which many hospitals we built in recent years

and the cost to the NHS and therefore to the taxpayer

of the long-term management costs.

82. Cuts leave NHS with a surplus of £2bn

8 June 2008 - The Mail on Sunday

About 2% of last year’s NHS budget went unspent

and how that has denied people medication and

care.

83. NHS offer accepted

7 June 2008 - The Times

Members of UNISON have, together with the RCN,

accepted the offer of 8% over three years – the highest

in the public sector.

84. Come on, chaps, this is serious

7 June 2008 - The Times

Item about whether the NHS is neglecting to provide

support to men to take better care of their health.

85. Hospital chaplains and the power of positive

thinking

7 June 2008 - The Times

Item about the fight-back over cuts in the religious

ministry to patients in the NHS.

86. NHS criticised over funding squabbles

6 June 2008 – Mental Health Foundation

The public services watchdog has criticised the NHS

again for bureaucratic squabbles over money that

deny patients treatment.

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

information/news/?EntryId17=60912

87. One in five NHS trusts still in deficit, say

MPs

6 June 2008 – HSJ

MPs on the public accounts committee have declared

that over one in five NHS organisations are still in

deficit despite "very commendable" efforts to turn the

NHS's finances around.

The Department of Health and NHS achieved a surplus

of £515m in 2006-07, but 82 out of 372 NHS

organisations are in the red, says the committee's

latest report.

88. NHS £1.7bn surplus spending row

6 June 2008 – BBC News

The government has come under fire as figures revealed

a £1.658bn surplus in the NHS last year.

Ministers say the surplus will be used to improve patient

care but opposition parties warned NHS services

were being "starved of cash".

For full report click here

89. Unison votes to back NHS pay deal

6 June 2008 – BBC News

Members of Unison, the biggest health union have

voted to accept the government's pay deal for the

NHS.

Unison has joined the Royal College of Nursing in

backing the offer of 8% over three years.

For full report click here

90. NHS in good financial health

6 June 2008 - COI

The new figures have been published in the 'Quarter

4' report which looks at the NHS financial performance

in January-March of this year, and looks back

over the year as a whole. The NHS will end the year

with an overall surplus of £1.658bn, that will stay

within the NHS to improve patient care. This compares

to a £515m surplus in 2006/07, and a £547m

deficit in 2005/06.

Commenting on the report David Flory, Department of

Health's Director General of NHS Finance, Performance

and Operations said;

"This healthy surplus is a further indication that the

NHS is now on a stable financial footing. Thanks to

the tremendous efforts of those in the NHS, organisations

now have the headroom and confidence to invest

in transforming patient services, whilst having

the flexibility to respond to fluctuations in demand.

This will be important for taking forward the

Next Stage Review and implementing the 'visions'

that clinicians have developed in Strategic Health Authority

regions."

'The Quarter' report updates the NHS on progress

towards key priorities, including financial health and

can be found at http://www.dh.gov.uk

One in five NHS trusts still in deficit, say MPs

6 June 2008 - Health Service Journal

More than one in five NHS organisations are still in

deficit despite "very commendable" efforts to turn the

NHS's finances around, MPs on the public accounts

committee has said.

The Department of Health and NHS achieved a surplus

of £515m in 2006-07, but 82 out of 372 NHS

organisations are in the red, says the committee's

latest report.

91. Matron numbers doubled to 5,000

6 June 2008 - COI

There are now more than 5,000 modern matrons

working in the NHS to drive up standards of cleanliness

and care, Health Secretary Alan Johnson announced.

This follows a commitment the Prime Minister

made in September 2007 to double the number

of modern matrons to more than 5,000 by the end of

May 2008.

Matrons are responsible for improving standards of

care, ensuring wards are clean and patients properly

fed. They help set and monitor standards for cleaning

and catering and have authority to take action

where these are not met.

92. King’s Fund publishes major analysis on

polyclinics

5 June 2008 – King’s Fund

Polyclinics 'may not boost care'

5 June 2008 – BBC News

The King’s fund has published a major analysis of

the opportunities and risks of developing polyclinics.

The proposals, which have been discussed as part of

Lord Darzi’s NHS Next Stage Review, could bring

together family doctors and specialists alongside

other services, such as diagnostic testing, minor surgery,

blood tests and X-rays.

For full report click here

For BBC report click here

93. Royal Berkshire ‘may walk’ from NHD IT

programme

5 June 2008 - E-HealthInsider

The chairman of the Royal Berkshire NHS Foundation

Trust has said the trust "may walk" from the NHS

IT Programme, to ensure it gets the IT systems required.

94. Anger over ‘backdoor privatisation’ of the

NHS

5 June 2008 - The Times

Item about the hostility to the Government’s latest

idea of allowing private companies to take over the

management of failing NHS trusts.

However, the first takeover of an insolvent NHS trust,

Good Hope Hospital, Sutton Coldfield, was a failure,

remedied only after the NHS retook control.

95. Developing the NHS Performance Regime

4 June 2008 – DoH

Document providing guidelines for greater transparency

and consistency across the NHS on identifying

underperformance, addressing financial problems

and managing failure.

For full report click here

96. Firms 'to run failing NHS trusts'

4 June 2008 – BBC News

Private healthcare managers could be sent to

turn around failing NHS hospitals

4 June 2008 - The Times

Ministers have announced new plans to draft in private

firms to help run struggling NHS hospitals and

primary care trusts in England.

Executives from companies or from better-performing

NHS trusts could be used to replace existing bosses.

For full report click here

97. Tough action against underperforming

hospitals and trusts

4 June 2008 - COI

Health Minister Ben Bradshaw set out new plans to

drive up standards of care and tackle underperformance

in our hospitals and primary care trusts.

New measures set out in the vision document

'Developing the NHS Performance Regime' will identify

failing trusts, remove poor managers and bring in

new management, including from other hospitals or

from the private sector.

Mr Bradshaw said:

"The NHS has come a long way in the last ten years,

with record investment, more clinical staff, shorter

waiting times and better cancer and heart disease

survival rates. But there are still unacceptable variations

in performance and a small number of NHS organisations

where performance is not meeting the

standards which the public and patients expect. "

"As the Prime Minister made clear in his speech in

January, we will not tolerate underperformance in the

NHS and for the first time, we will publicly identify

those trusts with poor safety and clinical records. This

new guidance sets out how we will tackle poor performance

and the turn-around regime which we are

establishing for those hospitals and Primary Care

Trusts identified as falling below minimum standards."

The new system means that:

* New minimum standards of quality, safety and financial

management will be established and trusts

failing to meet these criteria will be identified as

'challenged'

* The Chief Executive of the NHS will have responsibility

for ensuring that all challenged trusts have

agreed performance improvement plans with Strategic

Health Authorities. These will have defined time

periods and milestones against which improvement

will be assessed

* Trusts unable to turn around their performance

within the expected time period will be determined to

have failed on quality, safety or financial grounds and

the NHS Chief Executive will then have responsibility

for over-seeing changes which can involve removing

local management and bringing in a new management

team from either other parts of the NHS, NHS

Foundation Trusts or the private sector.

At the same time the Department of Health has set

out insolvency principles for Foundation hospitals

and non-Foundation Trusts designed to ensure that

borrowing does not put NHS assets or the continuity

of services at risk.

98. Wards slur hospital passes check

3 June 2008 – BBC News

The Royal United Hospital in Bath has passed a surprise

inspection on hygiene standards.

This is the same hospital whose nurses were described

by Lord Mancroft as “grubby and promiscuous”.

For full report click here

99. NHS in hospital superbug pledge

2 June 2008 – BBC News

South East health chiefs have pledged to end avoidable

hospital-acquired infections by 2018.

The targets for 2011 state that there will be no avoidable

cases of hospital-acquired MRSA, and fewer

than 2,000 cases of c.Diff.

For full report click here

100. 'Serious Problems' With NHS Funding

2 June 2008 – The Herald

Health boards have voiced "major concerns" about a

new system for dividing NHS cash across the country

which may see services in rural areas and some deprived

communities losing out.

A letter leaked to The Herald, shows that NHS Highland

says the new method of setting health board

budgets will widen the gap between the rich and the

poor - both in terms of their access to NHS services

and potentially their actual health.

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

display.var.2311178.0.0.php?utag=28804

Nursing

101. Nurses call for petrol cost help

4 June 2008 – BBC News

The Royal College of Nursing has written to Chancellor

Alastair Darling to ask for compensation for the

soaring cost of petrol to be passed to community

nurses.

Petrol costs 32% more than it did when nurses' mileage

allowances last rose in 2000. NHS Employers

said it was currently reviewing mileage allowances

after unions asked for a 10% interim rise.

For full report click here

102. International Confederation of Midwives

01-05 June 08

Nursing & Midwifery Council (NMC) spent time promoting

the new Code, which came into effect on 1

May 2008 and which was featured in BHCR Vol 3,

Issue 13. Click here to see item.

Older People

103. 'Happy in a foreign world'

2 June 2008 – BBC News

Article examining the care of the elderly in the UK,

speaking to Janet whose mother, Joan Davey is a

resident in a care home.

For full report click here

Parliament

104. Report on the NHS Summarised Accounts,

2006–07: Achieving Financial Balance

5 June 2008

Parliament received a report on the NHS accounts for

2006/07.

105. Parliament to have greater role in appointments

process for key public sector

posts