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Both editions are © Brunswicks LLP 2008


BHCR 2008 Vol 3 Issue 23

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

It is with great sadness that I report the tragic and

untimely death of Alan Summersell, formerly chief

executive of the Yorkshire Care Group, and his son

Robert.

They were killed in a motorcycle accident.

We at Brunswicks extend our condolences to the

family, friends and colleagues left behind.

A man has been arrested in connection with the

incident.

 

THIS WEEK IS LEARNING DISABILITY WEEK

Mencap is launching the ‘I want to work’ campaign raising awareness of

the low level of paid work for people with a learning disability.

To learn more about Learning Disability Week go to:

http://www.mencap.org.uk/page.asp?id=3237

 

Abuse

1. Veganism — lifestyle choice or child

abuse?

15 June—The Sunday Times

After a Glasgow teenager was found to have rickets,

her parents face serious questions says Tom Sanders,

professor of nutrition and dietetics at King’s College

London and suggests that bringing up children

as vegans is a form of child abuse.

Prof Sanders says: “Parents, whatever their dietary

persuasion, have a duty to ensure that their children

are properly nourished. Providing the advice given is

followed, the right of parents to raise their children as

vegans should be respected. Those who fail to follow

this advice are guilty of child abuse.”

Ed. In west Palm Beach, Florida a toddler was

allowed to play outside for 90 minutes without

sun screen – the father is facing child abuse

charges following sunburn to the toddler.

2. Cafcass: Law Lords ruling on abuse

claims will remove confusion

13 June 2008 – Community Care

CAFCASS has announced that a Law Lords judgement

will clear up confusion for child protection practitioners

on what standard of proof is required for

care proceedings.

For full report click here

3. Major abuse charity strongly welcomes

the Law Commission review of adult protection

and social care law

11 June 2008

Action on Elder Abuse (AEA), the leading specialist

charity focusing upon the abuse of older people, has

welcomed the announcement that the Law Commission

is to review the law under which residential care,

community care, adult protection and support for

carers is provided, in order to establish a coherent

legal structure, preferably in the form of a single statute,

for these services.

At least 800,000 older people are directly affected by

such legislation, either in residential care or through

domiciliary care support, while it is estimated that at

least 500,000 older people experience abuse at the

hands of families, friends, neighbours or paid

staff. Despite this, adult protection is provided

through guidance rather than legislation, and social

care is provided through outdated legislation that is

confusing, conflicting and open to interpretation. The

definition of who is considered a ‘vulnerable adult’

varies according to agencies and according to specific

legislation and there is no single, agreed understanding

of the term. This results in variable responses

to abusive situations.

Gary FitzGerald, Chief Executive of Action on Elder

Abuse, said: “This is very timely action by the Law

Commission as this will address a significant area of

long standing concern and one that affects many vulnerable

people. We cannot continue to approach

major issues of care provision, and the protection of

very vulnerable people, in our current piecemeal

fashion and we agree with the Commission that the

law needs to updated. Equally importantly, we need

the protection of vulnerable adults put onto the same

legal basis as the protection of our children.

“As a major charity focussing upon abuse issues we

have welcomed and supported the various initiatives

undertaken by the Government since 2000, but the

reality is that we need care provision, the monitoring

of care provision, and access to protection, put onto a

much clearer and firmer legislative base if we are to

ensure that some of the most vulnerable people in

our society receive the care and support they so desperately

need.

“AEA believes that this initiative should form a significant

part of a much wider strategy to reform social

care and support. While this review will address the

structure, duties and responsibilities associated with

quality care and protective systems, initiatives such

as the dignity in care campaign continue to address

the attitudes and approaches of paid staff. However

abuse within the community, which forms the greater

part of the problem (5), continues to be a major area of

concern.

Concluded FitzGerald: “The reality is that we need a

similar strategy to the protection of older people and

other vulnerable adults as we have seen in the domestic

violence arena. That involved both the legislation

approach, as well as major publicity drives, multiagency

strategies intended to change people’s attitude

and acceptance of domestic violence, and a

zero tolerance of such abuse by the criminal justice

system. The scale of elder abuse is such that it

should receive no less a response. As Ivan Lewis

has often said, if it’s not good enough for your mum

or dad, why should it be okay for mine!”

4. US firms to block child sex sites

10 June 2008 – BBC News

US internet service providers Verizon, Sprint and

Time Warner Cable have agreed to block access to

bulletin boards and websites carrying images of child

sex abuse.

The firms will also provide over $1m (roughly

£500,000) to fund efforts to remove child sex sites.

For full report click here

5. Vulnerable adult protection and housing

Issue 34—Action Points

Imogen Parry, director of ERoSH, and Pete Morgan,

Head of Service Adult Protection, Birmingham identify

barriers to joint working between social workers

and housing managers – they provide ideas and solutions

to meet the challenges identified.

6. Changes in Protection

Issue 34—Action Points

The Public Guardian, Peter Brook, sets out issues

arising from the Mental Capacity Act 2005 and the

role played by his office.

7. Developments in the Commission for Social

Care Inspection

Issue 34—Action Points

Business Director of CSCI, Mike Rourke, summarises

a presentation he made in April at the annual

conference of Action on Elder Abuse.

Business News

8. Euromedic fetches £800m

15 June 2008—The Mail on Sunday

One of Europe’s biggest healthcare businesses, employing

4,400 in 153 centres across 14 countries,

has been sold to the private equity part of Merrill

Lynch.

9. Advent to step up Craegmoor approach

11 June 2008—Financial Times

Southern Cross and Advent International are reported

to be about to submit second-round bids for

Craegmoor which was put up for sale by Legal &

General Ventures. The sale is being closely monitored

as a measure of the health of the care sector.

10. It’s the run of the market

June 2008—Caring Business

A look at care home operator Runwood homes and

CEO Logan Logeswaran. This company has made

excellent profits increasing EBITDA from 13% to 23%

between 2003 and 2007, mostly from sales to councils

– 85 90% of the beds are funded by local authorities.

How do they do it?

Ed. The answers, unsurprisingly, are not to be

found in the article – however, there is food for

thought.

Care Homes

11. Care home costs (letter)

9 June 2008 – The Daily Telegraph

A letter was sent in from a lady whose husband lives

in a care home and she says “I cannot speak highly

enough of the home where my husband has resided

for the past nine years, but without third-party top-up

fees it could not survive. It is time that social services

raised the threshold to a more realistic sum of around

£400 per week. Without private homes in the future,

where will we be?”

12. Check! Residents confirm what we’ve

always known

June 2008—Caring Business

Two page item looking at the results of a survey of

about 200 residents of care homes who comment on

issues such as friends and family, concerns, involvement

in decisions about care, choice of meal times

and so forth.

13. New school of thought

June 2008 Caring Business

Item about a novel link between care providers and

schools with some examples. Benefits are severalfold,

first there is the wider educational value of having

young people get quality time with older people,

they both benefit. Then there is the possibility of recruiting

staff from the among pupils.

Ed. Sue Brand, MD of Pembroke Care is referred

to; I had the opportunity of hearing both Sue and

the head teacher of the school Pembroke Care

has linked with, Hove Park School, East Sussex –

it was inspirational to hear what has been

achieved by thinking out of the box!

14. How does your local authority rate?

June 2008—Caring Business

Two page article setting out the fees of some 82

councils across the UK.

Case Reports

Law Reports

Nothing to report

Disciplinary cases

15. AK v (1) Central & North West London

Mental Health NHS Trust (2) Kensington &

Chelsea Royal London Borough Council

A judge was wrong to strike out a mental patient's

claim for damages in arising from negligence against

a mental health trust and local authority on the basis

that such bodies were exempt from common law liability

under the Mental Health Act 1983 s.117.

16. Re: B (Children)

The house of Lords has said that the standard of

proof for the finding of facts necessary to establish

that a child "is likely to suffer significant harm" under

the Children Act 1989 s.31(2), and the welfare considerations

in s.1, is on the balance of probabilities.

Neither the seriousness of the allegation nor

the seriousness of the consequences should make

any difference to the standard of proof to be applied

in determining the facts.

17. P v Nursing and Midwifery Council

The fact that a mental health patient had spent the

weekend away with a psychiatric nurse was such

that it amounted to serious professional misconduct

justifying the removal of the psychiatric nurse’s name

from the register.

Cases in the news

18. Climbie worker made a 'scapegoat'

14 June 2008 – BBC News

Victoria Climbie's social worker has accused London's

Haringey Council of the UK's "worst case of

institutionalised scapegoating".

The Care Standards Tribunal ruled that Ms Arthurworrey

should be allowed to re-register as a social

worker.

For full report click here

19. Care home manager admits allegations

12 June 2008 – Birmingham Mail

Kathleen Smith, 46, former manager of Maypole

Nursing Home, Kings Heath, which was shut down in

2003 has pleaded guilty to six allegations of misconduct

before the Nursing and Midwifery Council.

Smith faces being struck off the register and losing

her PIN.

For full report go to http://www.birminghammail.net/news/

birmingham-news/2008/06/12/care-home-manager-admitsallegations-

97319-21062691/

20. Pair face care home abuse charges

11 June 2008 – BBC News

John Darby, 71, and Andrew Chambers, 65, were

charged with sex offences relating to children at care

homes in south London. They are accused of sexually

assaulting eight boys and girls in Lewisham between

1971 and 1983.

For full report click here

21. Care home nurse struck off

8 June 2008 – icWales

Hilary Hold, who didn’t wash her hands after dealing

with excrement and gave patients wrong medicine

has been barred from the profession.

The nurse looked after physically disabled adults and

people with learning disabilities at the Eithinog Leonard

Cheshire residential care home in Colwyn Bay,

Conwy.

For full report go to http://icwales.icnetwork.co.uk/news/

wales-news/2008/06/08/care-home-nurse-struck-off-91466-

21039775/

Children

Nothing to report

Conferences & Courses

22. 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

23. 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.

24. 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

25. 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.

26. Improving the Life Chances of Disabled

Adults Conference

Monday 7th July - Central London

Please note that we still have some spaces available

on this popular event, which is CPD Certified,

supported by Learning Skills Council, Office

for Disability Issues and the Department for Work

and Pensions, and includes a ministerial address

from Anne McGuire MP, Parliamentary Under Secretary

for Disabled People. This conference is an excellent

learning and networking opportunity for anyone

involved with Disability Partnerships, Housing Needs,

Social Inclusion, Equalities and Independent Living.

For conference agenda and booking form please

click here or if the link doesn’t work please ask for a

brochure via e-mail at dave.eastman@capita.co.uk

Chaired by: Mike Smith, Disability Committee Member,

EHRC and Chair, National Centre for Independent

Living

Our expert speakers include:

Bruce Calderwood, Director, Office for Disability Issues

Rebecca Sudworth, Deputy Director, Disability and

Work Division, Department of Work and Pensions

Ellen Atkinson, Associate Director, LLDD, Learning

and Skills Council

Mike Adams, Chief Executive, Essex Coalition of Disabled

People

27. 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.

28. “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

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

29. 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.

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

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

© Brunswicks LLP 2008 http://www.brunswickslaw.eu Page 9

29. Westminster Health Forum keynote seminar

Mental Health - New Horizons: after the National

Service Framework (continued…)

Output

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 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);

30. 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

31. LCA Annual Conference and Exhibition

2008

“Brave New World - Transforming Social Care:

Personalisation and Quality"

25th September 2008 at Mercure Dunkenhalgh Hotel,

(J7 M65)

F o r m o r e i n f o r m a t i o n c o n t a c t :

sarah.luton@lancashirecare.org.uk

32. 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.

33. Lancashire Care Association Annual Conference

and Exhibition 2008

25th September 2008

"Brave New World - Transforming Social Care:

Personalisation and Quality"

The programme will be out in due course but, as

ever, there will be topics of interest to proprietors and

their businesses, to practitioners, service-users and

to policy-makers and planners, with local and national

33. Lancashire Care Association Annual

Conference and Exhibition 2008

(continued…)

25th September 2008

"Brave New World - Transforming Social Care:

Personalisation and Quality"

speakers. Also note we will again be organising a

Charity Gala Dinner so those of you who can, can let

your hair down, and enjoy a social ‘do’ helping a

good cause. Details will follow.

LWDP Celebration Event - Wednesday 28th May

Blackpool BC/LCA Care Providers Workshop -

Thursday 5th June

LCA/LCC Joint Domiciliary Seminar - 19th June

LCA Board & AGM - Wednesday 25th June

LCA/LCC/UKHCA Social Care Partnership Meeting

- Friday 11th July

34. 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

35. Healthcare watchdog announces appointment

of three new Commissioners

12 June 2008 – Healthcare Commission

The Healthcare Commission has announced the appointments

of Patrick Boyle, Dr Fiona Campbell and

Charles Goody as Commissioners, by the Appointments

Commission.

The new appointees will join the twelve current Commissioners,

currently headed by Chairman Professor

Sir Ian Kennedy.

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

n e w s a n d e v e n t s / p r e s s r e l e a s e s . c f m ?

cit_id=6473&FAArea1=customWidgets.content_view_1&useca

che=false

36. Watchdogs publish verdict on NHS reforms

so far

12 June 2008 – Healthcare Commission

The Healthcare Commission & Audit Commission has

published a report ‘Is the treatment working? Progress

with the NHS system reform programme’ detailing

how NHS system reforms have improved management

of the health service. However, the report

says that more time is needed to deliver any significant

benefits to patients.

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

n e w s a n d e v e n t s / p r e s s r e l e a s e s . c f m ?

cit_id=6472&FAArea1=customWidgets.content_view_1&useca

che=false

37. Carers UK welcomes pledge for new

regulator to involve carers

11 June 2008 – Community Care

Carers UK claim victory after lobbying the Government

to bring forward proposals to ensure that the

new Care Quality Commission (CQC) will take into

account all users and carers' views.

An amendment to the Health and Social Care Bill is

expected with a proposal that the health and social

care regulator will publish a statement describing how

it will engage with users and carers and take account

of their views.

For full report click here

38. Carers Week 9 -15 June 2008

10 June 2008 – SCRC

Carers Week has now been running for 14 years.

For full report click here

39. Patient weigh scales: potential for medication

errors due to inaccurate readings

9 June 2008 – SCRC

The Scottish Care Commission has announced a potential

for medication errors due to inaccurate readings

from incorrectly calibrated patient weigh scales

or the use of the wrong type (class) of scales.

For full report click here

Dementia

40. I broke down on live TV over my dad’s

battle with Alzheimer’s. Thankfully, Eamonn

was there to comfort me

15 June 2008—The Mail on Sunday

On Father’s Day, Ruth Langsford, talks of the pain

and challenges presented by her father’s decline and

the burden of guilt that falls on family members.

41. This life

15 June 2008—Mail on Sunday, You Magazine

Marina Lewycha, author of 'Two Caravans and 'A

Short History of Tractors in the Ukraine' talks fondly of

her ‘Pappa’ and the care home in which he now lives.

42. 76 year old gent goes missing

14 June 2008—COI

The Police requested the assistance of the Coastguard

at 8:50pm on 13.06.08 to search for a missing

76 yr old man who was suffering from Senile Dementia

and had last been seen at 12noon.

Ros Evans, Watch Manager, Portland Maritime Rescue

Coordination Centre, says:

"We received a sighting of the casualty at 7:30pm on

Friday, from a member of the life boat crew, the

search was concentrated on the area north east of

Lyme Regis in the Spittles area, with concern regarding

the Black Ven mud flat area.

At first light (05:00 am) the Rescue helicopter from

RAF Chivenor was on scene and the casualty was

found at 05:01am east of the Spittles. He was taken

by helicopter to the lifeboat house where he was met

by his family and the ambulance, where he was

medically assessed.

This has been a large joint effort with the Police Authority

with a positive outcome, I am pleased to say

he is safe and well and is at home with his family.

43. Mental Capacity Act 2005 Deprivation of

Liberty Safeguards Code of Practice and

Regulations: Report on consultation

10 June 2008 – DoH

For full report see Mental Health—item 56

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

44. DH: Safeguarding Vulnerable Groups Act

2006/Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007 : Independent

Safeguarding Authority (ISA) scheme consultation

document - formal Government response

10 June 2008 – DoH

For full report see Miscellaneous – item 63

Scotland

45. Eight patients killed by superbug

11 June 2008 – BBC News

Eight elderly patients at the Vale of Leven Hospital in

Alexandria have been killed by C.diff in the last six

months.

A subsequent investigation into cases between December

and June found that eight of the 54 patients

who contracted C. diff died as a direct result with the

infection also being a contributory factor in a further

eight deaths.

A review of hygiene procedures and the use of antibiotics

at the hospital is now underway.

For full report click here

Wales

46. 600 hospital beds 'could close'

12 June 2008 – BBC News

Cardiff could lose around 600 hospital beds at two of

its largest hospitals as a result of more patient care

taking place in the community.

Beds in general surgical and medical wards could go

over the next 10 years at Cardiff's University Hospital

of Wales and Llandough, near Penarth, with Cardiff's

Rookwood and West Wing rehabilitation units closing

and a new centre being built.

The modernisation plans are due to be consulted on

later this year.

For full report click here

47. Public will decide on controversial treatments

in Wales

11 June 2008 – HSJ

The Welsh Assembly Government has announced

new plans to set up a panel made up of members of

the public to decide which specialist treatments

should be provided by the NHS.

Edwina Hart, Health Minister said:

“I am not one of those people who believes that lay

people cannot be trusted to be involved in these sorts

of decisions. I am convinced that substantially increased

engagement by members of the lay public in

these profoundly difficult decisions will lead to improved

transparency and public confidence in both

the processes and its outcomes.”

48. Health body 'should be scrapped'

10 June 2008 – BBC News

Specialist treatment review due

10 June 2008 – BBC News

An official report ordered by Health Minister, Edwina

Hart, says that the Health Commission Wales, the

body that controls specialist NHS treatment, should

be scrapped. Fundamental flaws were found in its

establishment and the report said it should be replaced

by an independent body.

For full report click here

For 2nd BBC report click here

49. Silent health suffering of carers

9 June 2008 – BBC News

A new survey undertaken to mark Carers’ Week suggests

that carers suffer health problems in silence

because they do not have time to see a doctor.

The survey has also highlighted the effects of caring

on the physical and emotional wellbeing of carers.

For full report click here

Learning Disabilities

50. Groundbreaking photos of young models

newsletter@mencap.chtah.com

Creative director Gary Harvey has put together stunning

photos of models with a learning disability in a

bid to challenge perceptions of learning disability and

beauty.

Legislation Update

51. The Health Care and Associated Professions

(Miscellaneous Amendments) Order

2008

11 June 2008 – OPSI

For full consultation click here

52. No. 1329 (W.138)The National Health Service

(General Medical Services Contracts)

(Wales) (Amendment) Regulations 2008

9 June 2008 – OPSI

For full consultation click here

Mental Health

53. Mental Capacity Act 2005: Deprivation of

liberty safeguards code of practice

13 June 2008 – Ministry of Justice

Justice Minister, Bridget Prentice has issued a written

ministerial statement to Parliament on 13 June

2008 in which she announced a new code of practice

for deprivation of liberty safeguards.

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

announcement130608b.htm

54. 32 PCTs to spearhead surge in talking

therapies

12 June 2008 - COI

Health minister Ivan Lewis announced the 32 sites

who will begin to roll out talking therapies around the

country. Each will receive a share of the £33 million

first instalment of new money announced for the purpose

by Health Secretary Alan Johnson on World

Mental Health Day last year (10.10.07).

55. Mental Health Foundation responds to

Barnardo’s report

11 June 2008

In response to the launch of the Barnardo’s Family

Minded report on children of a parent living with mental

illness, Dr Andrew McCulloch, Chief Executive of

the Mental Health Foundation, said:

“The family is the place where children learn to be

happy and healthy so it’s scandalous that at the moment

the system is completely failing families where a

parent has a serious mental illness. Children who are

not given help to cope with their parent’s mental illness

are vulnerable to long-term emotional and behavioural

problems. A range of services including

talking therapies and practical social support need to

be made available to everyone in the family - we

must stop leaving families to struggle on their own to

cope with mental illness.”

More information on parents and mental health can

be found at http://www.mentalhealth.org.uk/

information/mental-health-a-z/parents-with-mentalhealth-

problems/

56. Mental Capacity Act 2005 Deprivation of

Liberty Safeguards Code of Practice and

Regulations: Report on consultation

10 June 2008 – DoH

DoH has released a publication reporting on a consultation

on draft code of practice guidance and two

sets of draft regulations on the deprivation of liberty

safeguards introduced into the Mental Capacity Act

2005 by the Mental Health Act 2007.

For full report click here

Miscellaneous

57. I don’t dream about Victoria... I live with

her every day

15 June 2008 - The Mail on Sunday

It is eight years since the murder of Victoria Climbie;

Lisa Arthurworrey, the junior and inexperienced social

worker who was the scapegoat by Haringey Council

for the death of Victoria, gives a ‘raw and emotional’

interview about the guilt and grief she has.

The dreadful way in which Haringey had her put on

the Protection of Children Act (POCA) List and her

appeal against the listing and her appeal against

General Social Care Council’s refusal to register her.

Her appeals to the Care Standards Tribunal succeeded

with the President, Judge David Pearl, suggesting

that Lord Laming’s 44 findings portrayed matters

which were not quite as ‘clear cut...as they might

be’. The CST also indicated dissatisfaction that Ms

Arthurworrey’s professional body, British Association

of Social Workers, failed to provide her with legal support.

She says that there are ‘too many devious hypocrites

in social work’.

58. Surgeon: Legalise organ trade

14 June 2008 - Daily Mail

The market for transplant organs from living donors

should become a licensed trade says Prof. Maqsood

Noorani who practiced at Bart’s and The London

NHS Trust.

In a number of countries donors are paid less than

£1,000 for a kidney, brokers and surgeons sell them

on at up to £40,000.

59. Cancer insurance lifeline

14 June 2008 - Daily Mail

Western Provident Association is directly challenging

the Government over payment for anti-cancer medication

not available on the NHS in England, by offering

to top-up care including those drug interventions

up to a total of £50,000. The twist is that it includes

automatic access to a legal helpline where the NHS

threatens to withdraw other NHS treatment.

Ed. Readers with a good memory will recall that

last year we reported that Western Provident had

obtained a written opinion on the differing treatment

of the NHS in relation to the availability of

medicines in various countries of the UK. See

BHCR Vol 2, Issue 42, item 81.

60. Department of Health Business Plan 2008

- 09

11 June 2008 – DoH

A plan outlining the Department’s plans for 2008–09

to lead and support the Government’s objectives for

health and social care, and how they aim support

Ministers in their accountability to the public and Parliament.

For full report click here

61. Strategic Health Authorities' visions for

better healthcare

11 June 2008 – DoH

Each of the nine Strategic Health Authorities were

involved in the Review and published their visions for

better healthcare during May and early June 2008.

The vision documents will be the basis of Lord Darzi’s

final ‘Our NHS, our future’ report, which should enable

and support the delivery of the same.

For full report click here

62. DH: Communications summary: May 2008

11 June 2008 – DoH

A summary listing DH circulars, publications and consultations

issued in May 2008.

For full report click here

63. DH: Safeguarding Vulnerable Groups Act

2006/Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007: Independent

Safeguarding Authority (ISA) scheme consultation

document - formal Government response

10 June 2008 – DoH

A report the on consultation previously carried out by

the Department for Children, Schools and Families,

the Home Office and the Department of Health.

For full report click here

64. DH: Self care: a national view in 2007

compared to 2004-05

10 June 2008 – DoH

The Department of Health commissioned Ipsos MORI

to undertake a study to explore attitudes of the public

towards self care.

This report presents the results of that 2007 study.

For full report click here

65. Carers at the heart of 21st century families

and communities: a caring system on

your side, a life of your own

10 June 2008 – DoH

DoH has set out a carers' strategy which sets out the

Government's short-term agenda and long-term vision

for the future care and support of carers.

The strategy is underpinned by £255 million to implement

some immediate steps alongside with medium

and long-term plans.

For full report click here

66. Health Inequalities: Progress and next

steps

9 June 2008 – DoH

A document outlining the Government's plans to meet

the 2010 health inequalities public service agreement

targets.

For full report click here

67. £255 million boost for Carers

10 June 2008 - COI

New ten year programme to give carers short breaks,

more help with employment and support for them to

stay healthy; the Carers Strategy is supported by

£255 million of new investment to implement some

immediate steps.

This money is in addition to the £224 million per annum

given to Local Authorities through the Carers

Grant, the extra £340 million to be spent by the government

supporting the families of disabled children

over the next three years, and £2.7million a year to

fund a new information helpline and website for carers.

The announcement means:

- £150 million extra investment to expand short

breaks for carers over two years;

- £38 million towards supporting carers to enter or reenter

the job market with more guidance for employers,

and more flexible and accessible skills training

for carers;

- Piloting annual health checks for carers to help

them stay mentally and physically well;

- Training for GPs to recognise the role that carers

play and pressures on the carers' own health;

- £6 million towards improving the support for young

carers and more protection from inappropriate caring

for young people;

- Giving carers greater choice and control over their

lives by encouraging increased use of direct payments

- often, carers' lives will be improved if services

to the person for whom they care are better

tailored to their needs.

Health minister Ivan Lewis said:

"In a society where an increasing number of us are

caring for ageing parents or sick and disabled relatives,

it is right that we recognise carers are at the

heart of 21st century families and communities.

"In the next decade elder care will be the new childcare

and it is essential our policies properly meet the

scale of the challenge.

"Thousands of carers, irrespective of their roles or

postcode, have told us they want a support system

that is on their side, rather than a constant struggle

and the right to a life of their own alongside their caring

responsibilities.

"Today's historic announcement is the beginning of a

ten year programme to give carers the recognition

and status they deserve.

"An extra £150m for short breaks will double the

amount of respite care available over 2 years, £6 million

will be made available to support professionals to

ensure no child has their childhood stolen through

taking on inappropriate caring responsibilities and

£38m will help carers who want to combine a job with

their caring role. A further £61m will be aimed at enhancing

support to voluntary organisations and ensuring

NHS and Social Care professionals focus on

the specific emotional and health needs of carers."

68. GPs ‘failing on 48-hour target for appointments’

9 June 2008 - The Times

Some 33% of GP surgeries are not offering patients

appointments within the 48 hr target.

69. RBS/ALLCORA Excellence in Care

Awards 2008

The award nominations opened earlier this month;

there are six categories, each winner will receive a

cash prize of £2,000 and overall winners

£5,000. Entry forms available from Allcora

info@allcora.co.uk

70. Time to create new care system

June 2008 - Caring Business

Item about Prime Minister Gordon Brown’s launch of

a consultation on the future of funding the cost of social

care.

There is to be a six month consultation followed by a

Green Paper in 2009.

Ed. I really am keen to encourage everyone to

engage in the consultation process go to

www.careandsupport.direct.gov.uk

71. Long-term care market flawed

June 2008 - Caring Business

Comments by Mike Turley of Deloitte which has published

a report ‘Mapping Care of Older People: Analysis

of England’s long-term care markets’ undertaken

for the Resolution Foundation - the main thrust, care

is a combination of public and private funding and

supply.

Ed. Mr Turley identifies many of the issues which

Gordon Brown seeks views on in his consultation

on shaping the future of care and support. I hope

he shares those views directly with Government

through the consultation – see item 70.

72. Keeping out of the cold

June 2008 - HealthcareInvestor

A look at the social care sector and those businesses

scouring the sector for bargains – could the sector be

adversely affected by a slow-down in the housing

market?

73. Clever politics, uncertain policies

June 2008 - HealthInvestor

John Elledge considers the Tory party’s plans for the

NHS and the involvement of the private sector –

gaps, it is said, have appeared.

74. Cosmetic change

June 2008 - HealthInvestor

Article by Peter Mitchell who considers the prospects

for ‘cowboy clinics’ in the wake of announcements

from the Department of Health to relax regulation in

the use of lasers in cosmetic procedures.

NHS

75. Ministers rethink ban on private drugs in

NHS

15 June 2008 - The Sunday Times

Government rethinking the ban on co-payment by

NHS patients for medication which the NHS will not

pay for.

See item 95.

76. Banned cancer drugs better than NHS

ones

15 June 2008 - The Sunday Times

Privately bought medication up to five times more

effective than those available on the NHS – a look at

the ‘co-payment’ debate.

77. A family battle

15 June 2008 - The Sunday Times

AND

Fireman is denied treatment

15 June 2008 - The Sunday Times

Puts a human slant on the co-payment debate and

the consequences of the Government’s stated position

on the issue.

78. You don’t know me. I don’t know

you. Now, what seems to be the problem?

15 June 2008 - The Sunday Times

Item about patient fears that the concept of polyclinics

will be impersonal, and the rejoinder of Ministers

that getting to see a doctor will become easier. An

example is cited of an individual who saw a series of

doctors in a large clinic, none of whom diagnosed

her problem, it became apparent when she got the

results of an MRI scan which she arranged and paid

for – she had a large brain tumour.

79. Stopping MRSA at the front door

14 June 2008 – BBC News

Ministers are telling hospitals to start rolling out

MRSA screening over next few years as they want to

see all patients tested for the superbug to try to curb

it spreading.

For full report click here

80. The power of complaints

13 June 2008 – NCF

Ann Abraham, the Parliamentary and Health Service

Ombudsman (PHSO) has urged the NHS to improve

the way it handles complaints.

Ms Abraham has issued a new report ‘Remedy in the

NHS’ where she summarises 12 NHS cases previously

investigated by her Office, highlighting examples

of both good and bad practice in dealing with

complaints, concluding that "the cases speak powerfully

for themselves about the individual and public

benefit of effectively resolved complaints."

For full report click here

81. GPs condemn Johnson over polyclinics

plan

13 June 2008 – The Guardian

GPs have overwhelmingly voted a motion of no confidence

in Alan Johnson, the Health Secretary, as a

row over the Government’s plans to shake up the

family doctor service in England turned increasingly

bitter.

82. Parliamentary and Health Service Ombudsman

- The power of complaints

12 June 2008 - COI

Ann Abraham, the Parliamentary and Health Service

Ombudsman (PHSO) urged the NHS to improve the

way it handles complaints.

In a new report – ‘Remedy in the NHS’ - Ms Abraham

summarises 12 NHS cases previously investigated by

her Office, highlighting examples of both good and

bad practice in dealing with complaints. She concludes

that "the cases speak powerfully for themselves

about the individual and public benefit of effectively

resolved complaints."

Some of them identify failings in the service provision

- from poor record keeping and poor communication

with patients, relatives and carers to more serious

clinical failings and, in one case, an avoidable

death. Others involve failings in complaint handling.

When putting things right NHS organisations should

keep in mind the following basic principles:

* If possible, returning the complainant and, where

appropriate, others who have suffered similar injustice

or hardship to the position they would have been

in if the maladministration or poor service had not

occurred.

* If that is not possible, compensating the complainant

and such others appropriately.

* Considering fully and seriously all forms of remedy

(such as an apology, an explanation, remedial action

to prevent a recurrence, or financial compensation).

* Providing the appropriate remedy in each case.

Launching the publication, Ann Abraham said:

"Many of the cases in this collection highlight the

value of a sincere and timely apology, together with a

well reasoned explanation of what went wrong. I'm

aware there can be reputational risks for NHS bodies

associated with my investigations, but I will not hesitate

to draw attention to the bodies involved so that

poor service can be identified and lessons learnt.

"Plans for a two stage complaints system for health

and social care in 2009 will give the PHSO and the

Local Government Ombudsman a sharper focus and

greater prominence. I welcome this move towards a

system based on local resolution with direct referral

to an independent Ombudsman if this should fail.

This is why it is important that people know how the

PHSO will approach a complaint, the standards that

we expect of public bodies in providing their services

and the principles they should be following when

things do go wrong. These standards are set out in

'Principles for Remedy' and 'Principles of Good Administration'

which we published last year. 'Principles

of Good Complaint Handling' is now out for consultation".

You can read the report on the Ombudsman's website

at: http://www.ombudsman.org.uk

83. Waiting times increase

National Patient Choice Survey latest results

12 June 2008 - COI

Report on the National Patient Choice Survey, January

2008, England, and provisional headline results

of the March 2008 survey

The key points from this release are:

* The percentage of patients recalling being offered a

choice of hospital for their first outpatient appointment

was 46% in January 2008, compared with 44% in

November and 48% in the March 2007 survey.

* 43% of patients were aware before they visited their

GP that they had a choice of hospitals for their first

appointment, up from 41% in November and 29% in

the May/June 2006 survey.

* 63% of patients who were aware of choice recalled

being offered choice, whereas 34% of those not

aware of choice recalled being offered it, compared

with 61% and 32% respectively in the November survey.

For full information go to http//http://www.dh.gov.uk/

en/Publ i cationsandsta t i s tics /Publications/

PublicationsStatistics/DH_085329

84. 'New superbug' concerns overhyped

12 June 2008 – BBC News

Infection control experts say that warnings about the

emergence of a "new superbug" have been overhyped.

Writing in the British Medical Journal, Health Protection

Agency staff said that concerns about Stenotrophomonas

maltophilia are unfounded.

For full report click here

85. Report of the National Patient Choice Survey,

England - January 2008

12 June 2008 – DoH

A report showing the final results of around 72,000

responses to the eleventh national patient choice survey

commissioned to assess the implementation of

choice at PCT level.

The surveys were conducted by Ipsos MORI on behalf

of the Department, and monitored patient awareness

of choice and recall of having been offered a

choice of hospital for their first outpatient appointment.

For full report click here.

86. Reform of the NHS in England at critical

point and further progress needed

12 June 2008 – King’s Fund

Anna Dixon, King’s Fund Director has commented in

response to today’s report from the Healthcare Commission

and Audit Commission on NHS reforms.

She said:

“The report shows, for example, that some patients

are being offered greater choice but this is yet to have

an impact on the quality of care. Similarly, there has

been a modest increase in the use of the private sector,

but little evidence of this having had a significant

impact yet on overall quality of care or waiting times.”

“We agree with the report’s recommendations that

greater effort is needed to improve the quality of commissioning,

particularly by engaging GPs better. We

also agree that much more work is needed to ensure

the availability and quality of information about health

care services. Better information will help patients

make better choices, assist GPs in understanding

where the best quality care can be had for their patients

and, above all, help local PCTs have a better

understanding of what health benefits they are getting

for taxpayers’ money. Without such information about

both public and private sector providers it will be impossible

to judge whether the NHS reforms as a

whole have been a success.”

For full report click here

To see the report go to item 92

87. Brown slams GPs over polyclinics

12 June 2008 – BBC News

Prime Minister, Gordon Brown, has slammed doctors'

leaders for their "ill-founded" opposition to

planned changes to GP care in England.

The British Medical Association has delivered a petition

to 10 Downing Street signed by over a million

people who support the current services. The BMA

is against what it says is the imposition of polyclinics

and super-surgeries.

For full report click here

88. The polyclinic row - who's right?

12 June 2008 – BBC News

Debate listing the pros and cons of polyclinics.

For full report click here

89. Health union backs strike ballot

12 June 2008 – BBC News

NHS workers in the Unite union have rejected the

Government's three-year pay deal - and also have

voted to ballot for strike action.

That ballot offers either a complete strike, or lesser

action such as an overtime ban.

Ministers said the 8% deal is fair, and they were not

willing to renegotiate.

For full report click here

90. Greater choice for NHS patients

11 June 2008 – BBC News

Western NHS patients will have a greater choice of

privately-run hospitals as an announcement was

made that more Independent Sector Treatment Centres

(ISTC) have been given the go-ahead.

For full report click here

91. Public worried over 'GP threat'

11 June 2008 – BBC News

Over a million people have signed a petition urging

ministers to rethink plans for a network of polyclinics

and super surgeries across England.

The British Medical Association has issued a paper

accusing the government of trying to commercialise

the GP system.

For full report click here

92. Progress on NHS's reforms 'slow'

11 June 2008 – BBC News

The Audit Commission and Healthcare Commission

have said that progress is slower than expected for

NHS market-based reform. They say this means that

some English patients are still yet to see any benefits

from the reforms.

For full report click here

93. Statistical press notice: diagnostics waiting

times and activity data - monthly update

11 June 2008 - COI

Diagnostics waiting times & activity data: month ending

April 2008 and quarterly census for March 2008

This data shows NHS progress in tackling the waiting

times for diagnostic tests like scans. The monthly

data published gives the waiting times for 15 key diagnostic

tests carried out in the NHS. Also published

is the latest quarterly census of all diagnostic tests,

which picks up longer waits in areas outside the 15

monthly tests.

Main findings this month:

* The number of patients, for whom English commissioners

are responsible, waiting over 6 weeks for one

of the 15 key diagnostics tests at the end of April

2008 was 12,000, a decrease of 900 (6.8%) from

March 2008, and a fall of 237,500 (95.2%) from April

2007.

* The number of patients, for whom English commissioners

are responsible, waiting over 13 weeks for

one of the 15 key diagnostics tests at the end of April

2008 was 2,700, a decrease of 800 (22.1%) from

March 2008, and a fall of 103,200 (97.4%) from April

2007.

Diagnostic data: http://www.performance.doh.gov.uk/

diagnostics/index.htm

18 week website: http://www.18weeks.nhs.uk

94. New community hospitals chosen

11 June 2008 - The Times