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BHCR 2008 Vol 3 Issue 25

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

It was 60 years ago this week that after much tension

and arm twisting the National Health Service came into

being.

The date 05.07.1948

It took many years for the previously mixed estate and

work practices to become more or less harmonised.

It is hard for those of us who do not remember a time

before the NHS just what a difference it would make to

the average citizen. Unless one was wealthy or a

worker people in need of healthcare relied upon charity

– either of the doctor or local charitable hospital.

People died because it was cheaper to administer twopenneth

of green-gunk rather than fetch the doctor. A

burst appendix was common place.

Now, 60 years on – there are excellent facilities and

excellent staff providing excellent care. For the most

part. There are frailties in the system and overhauling

inefficiencies is needed. By the time this issue arrives

on your computer screens Lord Darzi will have

announced the Next Stage Review.

In the past decade we have seen the creation of NHS

Trusts of all kinds and more recently Foundation Trusts

which last week reached the milestone of 100 (see item

94 in this issue) aimed at improving management

efficiencies.

To develop the estate we have seen novel approaches

to funding - Public Finance Initiatives, Public Private

Partnerships and Local Improvement Finance

Trusts. My own local hospital, a former workhouse, is

benefitting, construction work began in late autumn to

build brand new facilities to replace what we have had.

Following inception of the NHS we also gained access

to opticians, dentists and midwives.

And, of course, the NHS now has the largest workforce

in Europe and the third largest on the

planet – beaten only by the Chinese army and the Indian

railways. Happy birthday NHS.

Next

Abuse

1. Parents are kidding themselves over child

protection

29 June 2008 - The Sunday Times

Columnist Rod Little takes a swipe at the overprotectiveness

that has swept the UK in monitoring

the conduct of adults and children following the report

‘Licensed to Hug’ published by the think tank

Civitas during the week, observing that CRB vetting

removes the element of personal judgment.

Ed. John Humphries made the same point during

the week when interviewing Esther Rantzen following

publication of the report.

I have modified my relationship with children – I

well remember 30 years ago scooping up a very

distressed toddler whose parent had carelessly

misplaced her in the supermarket in which I was

shopping. The act of picking her up provided the

child with some comfort while I sought out her

parents or shop staff. I wouldn’t do it today.

2. Elderly abusers to be targeted by Crown

Prosecution Service

28 June 2008 - The Sunday Telegraph

People who pick on and abuse the elderly will be

treated more harshly under a government crackdown

to be announced next month.

New rules to be published by the Crown Prosecution

Service will say criminals should be given longer

sentences if there is evidence they singled out elderly

targets because of their vulnerability.

Victims should also be given more support to enable

prosecutions to go ahead, with the use of video-links

and screens in court.

3. British judge may take over Jersey inquiry

after police release suspects

26 June 2008 - The Times

Following the release of a couple suspected of involvement

in child abuse connected with Haut de la

Garenne children’s home there is pressure on Jack

Straw to appoint an independent judge to oversee the

investigations.

4. AEA launches HomeFront

“21st Century Training for Homecare Workers on

Abuse and Protection”

25 June 2008

Action on Elder Abuse, the only charity in the UK

dealing exclusively with the abuse of older people,

launched a new Training pack, the ‘HomeFront’,

aimed at domiciliary care workers.

The HomeFront training pack offers “off the shelf”

training for workers who are completing their NVQ

Level 2 or Scottish National Vocational Qualification

in Health and Social Care. It can also be used as

general abuse awareness training for agencies and

their staff.

Commenting on the launch Gary Fitzgerald, Chief

Executive of AEA said, “Domiciliary Care is a wonderfully

enabling service that allows thousands of older

people to remain active in their own homes. We are

seeing more money than ever being spent by local

authorities on such services and increasingly workers

are supporting people with very complex needs. This

is also a sector which has experienced increased

regulation, both of organisations and individual workers.

It is therefore essential that training on abuse

and protection for these workers is of the highest

standards.

We are delighted to be launching our training at the

UKHCA conference as we have enjoyed a fruitful

partnership with them over the last 18 months, including

providing a joint adult protection tool kit. We hope

that member organisations will use this new training

to their advantage, the advantage of their staff, and

most importantly to the advantage and well being of

older people using the service”

UKHCA's head of policy and communication, Colin

Angel said:

"Homecare workers have privileged access to service

user's homes and in many cases homecare workers

and their managers are the only people who recognise

and raise the alert to situations of domestic

abuse and familial neglect, so their role is crucial.

The publication of the HomeFront training pack

for homecare workers is a welcome development in

the fight against abuse of older people."

5. Adults need greater protection from council

investigators

24 June 2008 - Times Online

Imagine an investigator from the council breaking into

your home - without permission. This could shortly be

the scenario if your local authority suspects adult

abuse in a private home, reports Local Government

Chronicle (19 June).

Dwayne Johnson, joint chair of the Association of Directors

of Adult Social Services' older people's network,

has called for an adult version of Every Child

Matters which would allow council staff the right to

break into a private domestic property after an allegation

of adult abuse – reported in Local Government

Chronicle (19.06.08).

6. More arrests in Jersey abuse probe

24 June 2008 - afp.google

Pair held in Jersey child abuse probe

24 June 2008 - Sky News

A 70 yr old man and 69 yr old woman have been arrested

in connection with alleged abuse linked to

Haut de la Garenne. However, it is not alleged that

the offences took place at the former care home.

7. Home Office and DCSF signal duty on UK

Border Agency to protect children

24 June 2008 - COI

The Home Office and the Department for Children,

Schools and Families announced their intention for

the UK Border Agency to have a legal duty to safeguard

and promote the welfare of children as part of

the forthcoming Immigration Bill, which will be introduced

in the next session.

8. Abuse: are you covered?

July/August 2008 - CareManagementMatters

Lindsay Gray writes that many insurers are reviewing

the terms of their policies in view of decisions in

Lister v Hensley Hall (2001) in which care providers

were held vicariously liable for the abuse perpetrated

by staff, even though the providers knew nothing of

what was happening and A v Hoare (2008) reported

extensively in BHCR Vol 3, issue, 4, article on page

15.

In short, keep an eye on your policy wording especially

at renewal time!

Business News

9. The Best Companies 2008

29 June 2008 - The Sunday Times

Interestingly, the cover of this year’s guide proclaims

it to be for 2009 – still, we are all prone to typos!

6th, Denplan, Dental health insurer

9th, Sandwell Community Caring Trust, Care provider

43rd,Foster Care Associates, Fostering agency

10. African Medical Investments Plc (‘African

Medical’ or ‘the Company’)

Admission to AIM

27 June 2008

African Medical is a newly incorporated Isle of Man

registered company, formed to invest or acquire businesses

in Africa operating in the healthcare sector. It

is listed on AIM. The Company has raised £5.1 million

through a placing of 51,000,000 new ordinary

shares at 10 pence per share, giving it a market capitalisation

of £5.6 million.

The Company intends to seek to acquire businesses

which operate in the healthcare sector, and the Directors

expect that they may need to raise additional

finance, either through raising debt and/or through

the issue of further equity, to complete any acquisitions

that the Company may agree.

The Directors, Phil Edmonds, Andrew Groves and

Corne Holtzhausen, have established business contacts

and connections in Africa and intend to use their

experience of working for companies primarily operating

in Africa, to identify prospective targets with scope

for growth. There are no employees of the company

apart from the three directors.

11. US private equity firm to make bid for

Craegmoor Healthcare

23 June 2008 - Telegraph.co.uk

Boston-based Advent International Corp. is said to be

on the verge of entering into exclusive negotiations to

by Craegmoor Healthcare – the price is thought to be

around £300m.

12. Claimar Care Group PLC

Trading update

23 June 2008

24 June 2008 - The Times

In conjunction with the preparation and independent

review by Claimar Care's auditors of its interim results

for the six months ended 31 March 2008, which will

be released on 30 June 2008, Claimar Care has undertaken

a detailed review of current trading and expected

performance for the full year, ending on 30

September 2008.

The detailed review has identified a number of factors

which have started to impact the Group materially

over recent weeks:

Complete Care has experienced a delay in entering

into of a number of new complex care contracts,

and the Board is not confident the resultant

shortfall will be recovered by the financial year

end;

The Group has not yet been able to recover from

local authorities the increased cost of providing its

care services, including in particular the increased

costs of fuel, in addition to costs associated with

the working time directive; and

The conversion rate of applicants for franchises

from SureCare has fallen away significantly as a

result primarily of the tightening of the credit markets,

which has impacted the ability or willingness

of applicants to meet the upfront franchise payments.

Taking into account the above factors, the Board anticipates

that, whilst turnover and pre tax profit will

exceed the equivalent prior year numbers, earnings

per share will fall below those of the prior year and be

materially below current market expectations.

13. Townend new FD for Claimar

23 June 2008

Claimar announced the appointment of Mr Nick

Townend, ACA, as Group Finance Director. He will

join the Group Board on 11 August 2008.

Care Homes

14. Care home fees – another authority

ducks its obligations

29 June 2008

The misinformation and downright deceit on the part

of some local authorities continues

Kent decided, as did a number of other councils, not

to provide any fee increase to care home operators

this year. Mostly the council’s pleaded and continue

to plead ‘poverty’ – despite the Government giving

them cash specifically for care of older people.

Lincolnshire continues to seek to avoid the contractual

obligations in its Framework Agreement and,

apparently, penalises those who have invoked the

‘dispute process’ (whereby if a contracting party is

dissatisfied with the conduct of the other party they

together in good faith seek to resolve the differences

through a set process). Such conduct is an odd way

to build relationships and is far removed from partnership

working.

It seems that Leeds providers are in a not dissimilar

position; however, the council does seem to be making

efforts to work towards a solution. Below is an

extract from the Editor of the Leeds Care Association

newsletter of 25.06.08.

“Fees – Negotiations with Leeds City Council

As reported in our first e – newsletter over the last

few years Leeds Care Association (LCA) has worked

closely with Leeds City Council, Social Services Adult

Care Department to improve the fees paid to members,

who mainly specialise in Older People’s services.

The aim has been to recognise provider’s legitimate

costs of care, as presented using the Laing

Buisson costing model. Throughout the process we

have shared the common goal of placing particular

emphasis on promoting quality care.

This partnership working has resulted in providers on

an individual basis, agreeing a PRICE Social Services

Adult Care, would pay for funded care within

their home. A contract either in the form of a Framework

Contract or as one off spot contract has resulted.

The scope for individual negotiation is possibly a

unique and innovative approach certainly in comparison

to some neighbouring authorities. Leeds Care

Association acknowledges the approach demonstrated

by Leeds Social Services Adult Care and their

commitment to commission quality care needs to be

recognised.

Despite the innovation this does not mean that in

Leeds, the legitimate costs of providing care have

been fully reflected in the PRICE the Authority is prepared

to pay. The pressures of rising costs over the

last two years and as forecast this year is causing

par ticular concern to our members.

There is clear evidence of costs not being fully recognised,

as demonstrated in the results of the Laing

Buisson model costing exercise, which many LCA

member providers have undertaken this financial

year, and in the range of published fees within

homes, both members and non - members.

There are significant differences in many homes of

the rates Social Services Adult Care will pay and

those charged to privately funded clients. It is evident

that using their powerful and dominant bargaining

position, the local authority drive the Price down to a

level that the provider will settle for to agree a contract.

This is a commercial decision that each provider

makes and has given Social Services Adult

Care a range of PRICES that they would normally

expect to pay and a basis for their negotiations.

Our research through a sample of published prices in

CSCI reports and subsequent follow phone calls has

shown the range of Local Authority fees in Leeds

(non dementia) for 2007/08 to be

a) Non members - from £355 - £410 (residential)

and £490 - £535 Nursing (including Registered Nursing

Care Contribution)

b) Members from £370 - £420 (residential) and £507

- £576 Nursing (including Registered Nursing Care

Contribution)

(NOTE THIS IS A SAMPLE - SOURCE CSCI REPORTS

AND SEEKS TO ILLUSTRATE THE LOCAL

AUTHORITY PRICE ONLY NOT THE RANGE OF

FEES CHARGED TO ALL CLIENTS).

The published PRICE for private clients in Local Authority

residential homes (which one would expect to

reflect the cost of care) for the same period 2007/08

was £473.60.

Most Leeds Care Association Members have not

accepted the proposed increase for 2008/09 and

over the last few weeks (and up to early July) have

been attending interviews with the Commissioning

Section to discuss and negotiate on fee levels and

where appropriate the inclusion of third party agreements

in the schedule of a Framework contract.

Whilst a very small number have reached a satisfactory

conclusion the vast majority at the time of writing

this newsletter remain in dispute. They continue to

invoice the authority for the fees notified in February/

March 2008.

Framework Contract

The discussions, which took place on 12th May 2008

between LCA, accompanied by our solicitor Richard

Cramer and Leeds Social Services Adult Care on the

Framework Contract, resulted in some amendments

being agreed but others remain outstanding. Obviously

any improvements achieved will affect the

whole sector both members and non - members. We

are still awaiting the response of the local authority

on a number of issues.

Clause 32 of the Framework Contract provides a dispute

resolution procedure, which may be a course

the members of Leeds Care Association will be

forced to follow if satisfactory outcomes are not forthcoming

both in the fee negotiations and in the

Framework Contract discussions.

So this important issue goes on. I will keep you

informed… keep reading.

I do not say that all providers should be showered

with cash. However, they do deserve to be

properly rewarded for their investment, just like

any other business. If as a society we fail to

strike the right balance, over time the smaller operators

will withdraw from the sector leaving the

very largest – who have economies of scale –

when they get big enough, like any other commercial

outfit they will flex their muscles and will

have a sufficiently powerful position in the bargaining

relationship that they will dictate the

terms on which they will care for the elderly.

If councils are wise, they will recognise that there

is much to be said for plurality in the market

place and that they can benefit from it. They

should regard contracting as entering into a marriage

in which, for it thrive there needs to be

shared values, a bit of give and take, and tolerance.

We all know what happens when there is a bully

in the marriage!

15. Purpose built Milton Keynes care home

receives MP and Mayoral seal of approval

23 June 2008

Excelcare Holdings plc together with associated companies

provides over 1800 beds in 39 homes in the

UK, announced the opening of Water Hall Care Centre

which caters exclusively for the changing needs of

the elderly of South Milton Keynes, Waterhall Healthcare

Ltd will provide high quality care to 76 people

with nursing, residential and specialist residential dementia

care needs.

16. Health on tap Campaign

AEA calls for action to ensure proper hydration in

care homes

23 June 2008

Action on Elder Abuse is calling on Government,

regulators and the care home sector to ensure residents

of care homes are given proper hydration following

the launch of The Health on Tap Campaign.

The campaign being launched on 24th June is the

result an 18-month study by Anglian Water which was

carried out with the help, guidance and support of

health and care professionals.

The main finding of the Anglian Water Study was evidence

that a 50% reduction in falls was experienced

after a programme encouraging the drinking of water

at regular intervals during the day, from mains-fed

water. The new programme also contributed to a dramatic

decrease in GP call outs, less urinary infections,

along with less agitation in residents.

Commenting on the findings Gary Fitzgerald, Chief

Executive of AEA commented, “ Not only do we encourage

all care providers to sign up to a Good Hydration

Charter, but we urge the Government and

CSCI to take immediate action to ensure that good

standards of hydration are the norm for all care home

residents. This should include further research into

the benefits of such hydration polices, along with serious

consideration as to whether we need minimum

standards around hydration that are similar to nutrition.

“It is amazing that something as simple and straightforward

as water could have such wide benefits for

care home residents, including a reduction in falls,

better sleeping patterns and less agitation. However

the benefits of good hydration policies would have

much wider benefits, including reducing pressure on

GP’s and other NHS services, if it was more widely

implemented. Can we really afford not to take immediate

action to ensure the continued good health and

well being of care home residents?”

17. How care home keeps elderly healthy

23 June 2008 – BBC News

A report on a care home in Suffolk, where the elderly

were encouraged to increase their intake of water

and how it made a difference.

For full report click here

18. Euro-Vision on Care

July/August 2008 - CareManagementMatters

National Care Forum led a tour of 11 care facilities in

Belgium, Netherlands and Germany, in this article by

Des Kelly OBE and Sharon Blackburn, each of the

facilities is identified and briefly described. On the

issue of paying for long-term care, each of the three

countries have mandatory social insurance.

Ed. As you know we are in a period of consultation

about the funding of long term care; there is

no doubt in my mind that when the Green Paper

is published by Government in 2009 mandatory

insurance will be a central feature.

19. Purchasing a care home

July/August 2008 - CareManagementMatters

In this article consideration is given to the issues

arising when buying from a company – should there

be a purchase of the assets or the company itself.

The article highlights issues to consider.

20. Night-time care – the lost 10 hours

July/August 2008 - CareManagementMatters

Following publication of research on night-time care

by the Joseph Rowntree Foundation this article considers

some of the simple steps that can be taken to

reduce disturbance of service users, engage meaningfully

with night workers and enhance levels of

care.

21. Falls – inevitable or preventable?

July/August 2008 - CareManagementMatters

Les Bright writes about some of the issues and actions

homes can adopt to reduce falls in the light of

National Falls Awareness Day – 24 June 2008.

Case Reports

Law Reports

22. London Borough of Lewisham v Malcolm

The House of Lords handed down a judgment overhauling

the approach taken in disability discrimination

cases. Whilst in the context of a housing case, it has

substantial ramifications for employment law.

The speeches all consider the meaning of (what is

now) s3A of the DDA 1995, in particular the phrase "a

person discriminates against a disabled person if - (a)

for a reason which relates to the disabled person's

disability, he treats him less favourably than he treats

or would treat others to whom that reason does not or

would not apply".

By a 4:1 majority (Baroness Hale dissenting on most

points), the House held:-

a person can only be liable for discrimination if

they know that the individual is disabled

'a reason which relates to the disabled person's

disability' has to be construed narrowly. So, for example,

if an employer dismisses somebody for being

off work sick for a year, then the reason is the absence

from work, and not one that relates to the underlying

disability itself - which means the employer

will not be liable under the DDA

the correct comparator is somebody to whom the

underlying reason still applies. So, in the above

example, the comparator would be someone who

was absent for a year but was not disabled.

House of Lords held that Clark v Novacold was

wrongly decided by the Court of Appeal.

It's a complicated decision and needs careful

thought. But it is clear that the impact of this decision

will be to make it much harder for a Claimant to succeed

in a claim of disability discrimination.

Case report provided by barrister Daniel Barnett who specialises

in employment and human resources law

www.danielbarnett.co.uk

23. SG&R Valuation Service v Bourdrais

The High Court held that an employer will sometimes

be entitled to force garden leave onto senior directors

even when there is no such right in the contract.

In this case, two directors resigned with the intention

of joining the competition. There was strong evidence

of an intention to misappropriate confidential

information. The employer insisted on a period of

garden leave, so as to delay the date when they

joined their new employer, and sought an injunction

enforcing this. The employees resisted on the

grounds there was no garden leave clause, they had

a right to work, and that by not providing work the old

employer was in breach of contract - entitling them to

leave and go elsewhere.

The court held that the implied right to provide work is

subject to the qualification that they have not, as a

result of some prior breach of contract or other duty,

"rendered it impossible or reasonably impracticable

for the employer to provide work". As there was a

prima facie case on the documentary evidence that

the directors had done just that, the judge held that

they had no right to be provided with work by the old

employer, and so the employer could insist on a period

of garden leave. The injunction was granted.

Case report provided by barrister Daniel Barnett who specialises

in employment and human resources law

www.danielbarnett.co.uk

Disciplinary cases

24. Maypole Three Struck Off For Care Home

Atrocities, UK

20 June 2008 – Medical News Today

Carol Bushell, 48, from West Heath, Birmingham,

Kathleen Smith, 46, from Shirley, Solihull and Mary

Casey, 70, from Harbourne, Birmingham have been

found found guilty of serious misconduct after a

lengthy hearing before an NMC Independent Conduct

and Competence Committee panel.

The ruling followed a string of incidents in which they

failed to ensure that patients received the appropriate

standard of care.

For full report go to http://www.medicalnewstoday.com/

articles/112196.php

Cases in the news

25. Woman in High Court sight battle

27 June 2008 – BBC News

Patricia Meadow, from Stratford-upon-Avon, has

been given permission for a test case at the High

Court to try and get Warwickshire Primary Care Trust

to fund her eye treatment. The same drug is available

in other areas, but the trust took a "resourcebased"

decision not to fund treatment, the court

heard.

Ms Meadows suffers from wet age-related macular

degeneration (AMD) in her left eye, and dry intermediate

AMD in her right.

For full report click here

26. Nurse faces disciplinary charges over TV

expose

25 June 2008 – The Daily Telegraph

A nurse has been charged for failing to protect the

interests of patients by not reporting her concerns

directly to management after going undercover to

expose “shocking” conditions at a hospital for a television

documentary.

27. Care home pair unfairly dismissed

23 June 2008 – The Telegraph & Argus

Manager Lisa Holt and deputy manager Julie Hollis

have been awarded over £12,000 compensation.

They were both found to have been unfairly dismissed

from their jobs at Fairmont Lodge by owners

Purefleet Ltd at an employment tribunal in Leeds.

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

news/local/

localbrad/3176303.Care_home_pair_unfairly_dismissed/

Children

28. Adults 'scared to go near kids'

26 June 2008 – BBC News

A report by think-tank Civitas has claimed that many

adults are now afraid to interact with children because

they fear being labeled as paedophiles.

The Home Office said there was no evidence that

vetting had deterred volunteers and plans to tighten

rules further so that all parents hosting foreign exchange

students will face background checks.

For full report click here

Conferences & Courses

29. 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

30. 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

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

31. “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

32. Westminster Health Forum keynote seminar

Mental Health - New Horizons: after the National

Service Framework

Morning, 17th July 2008, Westminster SW1

Live Agenda| Our Website | Book Online

This seminar will examine issues around the provision

and quality of mental health services, following

on from the National Service Framework (NSF) - and

as the Darzi Review of the NHS is published.

We are delighted that Professor Louis Appleby, National

Director for Mental Health, Department of

Health, and Kathryn Tyson, Programme Director for

Mental Health, Department of Health, will both be

giving keynote addresses at this seminar.

Dr Jo Smith, Consultant Clinical Psychologist, and

Joint National Early Intervention Lead, NIMHE will

also be speaking. Further speakers are expected to

be confirmed shortly.

Output

All delegates will receive free PDF copies and are

invited to contribute to the content.

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);

33. The Independent Health & Care Convention

2008

16-17 September 2008

The Brewery, London

The second annual Independent Health & Care Convention

is an event to be staged by Britain’s premier

healthcare analysts and publishers Laing & Buisson

in 2008.

Remaining an exciting multi-faceted event, the Convention,

comprises:

A series of keynote debates pertinent to the independent

health and care sectors and their partners

in the statutory sector. Speakers and contributions

from the floor are invited from across the

private, voluntary and statutory sectors

An extensive exhibition area - see list below for

exhibitors

Fringe meetings and workshops

download the Skills for Health Fringe meeting

topic

download Information Centre for Health meeting

topic

A range of other opportunities for networking

Download the convention brochure for full details or

visit our website

www.independenthealthcareconvention.co.uk

TO BOOK YOUR PLACE

To book your place at this event download the brochure

and booking and fax or post , call the Conference

team on 020 7923 5344 or email conferences@

laingbuisson.co.uk

All inf or m a ti on can be found at

www.independenthealthcareconvention.co.uk

34. 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

35. 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

36. 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.

37. 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

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

38. Mind the Gap! ECCA Conference, November

12, 2008. Book now and save £50!

Book now for our conference on the future of care at

the Holiday Inn, Bloomsbury, London WC1. Email

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

visit www.ecca.org.uk.

39. Action on Elder Abuse is pleased to announce

their National Conference for 2009

will be on Monday 23 March 2009 and Tuesday

24 March 2009.

Next year it will be held at East Midlands Conference

Centre

Nottingham Conferences

University Park, Nottingham, NG7 2RJ

T: 0115 951 5000

F: 0115 951 5009

nottinghamconferences.co.uk

Consultations

To follow next week

CSCI/Care Quality Commission

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

Healthcare Commission &

Scottish Care Commission

40. Scottish Public Services Ombudsman Report

26 June 2008 – SCRC

An article to advise someone if they are unhappy with

the Care Commission's response to their complaint.

Complainants then have the right to approach the

Scottish Public Services Ombudsman (SPSO) to request

an inquiry into the matter .

For full report click here

41. Care Commission the first regulator

"Happy To Translate"

26 June 2008 – SCRC

The Scottish Care Commission has signed up for the

“Happy to Translate” initiative and is the first regulator

in Scotland to do so. The aim is to help people to

better understand, in many different languages, how

to use or choose a good care service in Scotland.

For full report click here

42. Healthcare Commission: Corporate plan

2008-09

25 June 2008 – Healthcare Commission

A corporate plan by the Healthcare Commission setting

out the activities that the body plans to undertake

in 2008-09.

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

_db/_documents/Corporate_plan_2008_2009_final_proof.pdf

43. Healthcare Commission to review military

care

25 June 2008 – Healthcare Commission

The Ministry of Defence has asked the Healthcare

Commission to review the standards of medical care

given to military personnel and their families.

Healthcare Commission chief executive Anna Walker

said: "It's only right that the men and women who risk

their lives for their country can also expect that standard

of care."

For full report go to http://

www.healthcarecommission.org.uk//newsandevents/

pressreleases.cfm?

cit_id=6483&FAArea1=customWidgets.content_view_1&usec

ache=false

44. Elderly urged to drink more water

24 June 2008 – SCRC

Health Campaigners across the UK are calling for

Government action to help ensure that elderly people

in care across the UK get enough water.

For full report click here

45. CSCI: Disability equality survey

23 June 2008 – CSCI

CSCI would like the views of disabled people who are

using, or have used, social care services.

For full report click here

Dementia

46. Dementia care charging 'unfair'

25 June 2008 – BBC News

A poll by the Alzheimer’s Society of 2,300 people in

England has found that dementia patients are being

unfairly treated by being forced to pay for their care.

Two thirds of patients paid towards care such as help

with washing, eating and dressing, yet the charity

said this should be free as it was linked to a medical

condition, but was often classed as a social care

need and therefore means-tested.

For full report click here

47. 'My wages went on husband's care'

26 June 2008 – BBC News

For full report click here

48. Association of Directors of Adult Social

Services (ADASS)

23 June 2008

ADASS has welcomed the launch of a Government

consultation process designed to inform and guide

the content of its fully-fledged Dementia Strategy due

to be published later this year.

For full report click here

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

49. The healthcare system in Northern Ireland

25 June 2008 – BBC News

Article looking at differences in the NHS after devolution

to national parliaments and assemblies.

For full report click here

Scotland

50. Call to scrap NHS parking fees

26 June 2008 – BBC News

The Scottish Labour party has unveiled plans to scrap

car parking charges at Scottish hospitals.

Paul Martin, Glasgow Springburn MSP, has launched

a members bill on the issue at Holyrood to make it

illegal for health boards to levy fees on patients, visitors

or staff.

For full report click here

51. The healthcare system in Scotland

25 June 2008 – BBC News

Article looking at differences in the NHS after devolution

to national parliaments and assemblies.

For full report click here

52. Details Of 900,000 Ambulance Callers

Lost By Courier

24 June 2008 – The Herald

The Health Secretary, Nicola Sturgeon, has said she

is more than happy to issue an emergency statement

to Holyrood after details of almost a million 999 emergency

ambulance calls, including caller numbers and

patient names, were lost during transit of a data disk.

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

display.var.2359581.0.0.php?utag=28804

53. Bug ward closure 'took too long'

22 June 2008 – BBC News

A medical staff member at the Vale of Leven Hospital

has spoken about his concerns that wards were not

closed to new admissions quickly enough after nine

patients died from the C.diff bug.

The boss of the health board running the Dunbartonshire

hospital said no such concern was raised.

The Scottish Government launched an independent

inquiry into the cases.

For full report click here

54. Death Toll Hits 18 At C.diff Hospital

24 June 2008 – Evening Times

Another patient at the Vale of Leven Hospital in Alexandria

has died taking the toll to 18 victims of C.diff.

NHS Greater Glasgow and Clyde today said the patient

was seriously ill from an unrelated condition,

and while C.diff was a contributory factor, it was not

the main cause of death.

A total of nine people have died at the hospital with

C.diff cited as a contributory factor. The superbug

has been listed as the main cause of death in another

nine cases.

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

display.var.2359897.0.0.php?utag=28804

Wales

55. Sisters lead cleaner wards effort

26 June 2008 – BBC News

The Welsh Assembly Government has announced

plans to make hospitals cleaner, improve patients’

food and give nurses more power on wards.

“Rapid response” cleaning teams will be dispatched

to tackle infection outbreaks such as MRSA and

C.diff on wards.

For full report click here

56. The healthcare system in Wales

25 June 2008 – BBC News

Article looking at differences in the NHS after devolution

to national parliaments and assemblies.

For full report click here

57. Single-sex hospital wards planned

25 June 2008 – BBC News

Health Minister, Edwina Hart, is set to announce that

single-sex wards will be included in all new Welsh

hospitals.

She will also order all hospitals with mixed sex wards

to ensure there are separate areas for male and female

patients and separate bathrooms.

For full report click here

58. Nurse uniform to fight infection

23 June 2008 – BBC News

Welsh nurses will be issued with the same uniform

across the region so patients can easily see who is

control and to help stop infection spreading.

Health Minister Edwina Hart will be announcing plans

to introduce an all-Wales uniform within about two

years.

For full report click here

Learning Disabilities

59. The future of adult LD care

July/August 2008 - CareManagementMatters

Care Management Matters has produced a report on

the future of learning disability care provision for

adults, in this issue an executive summary is provided.

Many of those operating care homes in the LD

sector will have seen referrals declining over the last

18 months as local authorities seek to utilise the supporting

people grant by helping people move into their

own accommodation.

The conclusion is that while residential care remains

under threat the extent of the threat is uncertain. Notwithstanding,

care providers face upheaval, small

providers may be forced from the sector during the

period of uncertainty.

To access a full copy of the report go to

www.caremanagementmatters.co.uk

Legislation Update

60. No. 1512 (W.155) The Commissioner for

Older People in Wales (Amendment) Regulations

2008

27 June 2008 – OPSI

For full legislation click here

61. No. 1512 (W.155) The Commissioner for

Older People in Wales (Amendment) Regulations

2008

27 June 2008 – OPSI

For full legislation click here

62. The Mental Health (Absconding patients

from other jurisdictions) (Scotland) Regulations

2008

23 June 2008 – OPSI

For full legislation click here

Mental Health

63. Prison mental health services - jailhouse

blues

27 June 2008 - Health Service Journal

Faced with huge numbers of mentally ill offenders,

London's forensic mental health services are struggling

to cope. Rebecca Norris reports.

64. Research on eliminating age discrimination

in social services and mental health services

26 June 2008 – DoH

The Department of Health has commissioned two

research studies and two literature reviews on the

costs and benefits of eliminating age discrimination

during the provision of health and social care.

The reports of these reviews and studies are now

publicly available (or will shortly be publicly available)

on the websites of the institutions concerned.

Electronic links to the reports are provided by clicking

on the link below.

For full report click here

65. Minister hails mental health service success

25 June 2008 - COI

Care Services Minister Ivan Lewis congratulated the

NHS on major improvements in key mental health

services. His message came as he cut the turf to

mark the construction of a new mental health unit at

Runwell Hospital in Wickford, Essex.

Latest figures show that, for 2007-08:

* Specialist crisis resolution home treatment teams

provided 106,000 home treatments, supporting people

who would otherwise have had to be admitted to

hospital. In 06-07, the figure was 95,000 (11% increase).

* Early intervention teams treated 8,300 young people

who experienced a first episode of psychosis. In

06-07, the figure was 6,500 (27% increase).

* Assertive outreach teams supported 19,900 people

who have persistent mental health problems but are

hard to engage. In 06-07, the figure was 18,300 (a

rise of 9%).

The improvements mean that more patients are now

receiving more effective and earlier treatments and

reducing the number of hospital admissions, giving

more patients the kind of care they want. Assertive

outreach is also improving engagement and leading

to better long-term health prospects

Miscellaneous

66. Banking on good decisions

Mental Health Foundation

This week we received the above publication – a well

written, easy to read guide to how the Mental Capacity

Act can assist people with their banking.

67. David Matlock, aka Dr Sex, can fix you

down there...

29 June 2008 - The Sunday Times, Style magazine

Article about the boutique cosmetic gynaecological

practice of Dr Matlock of (where else) West Hollywood,

LA. He earns $4m a year carrying out nine

operations a week and seeing patients in just two

clinic sessions a week.

Ed. Elsewhere in the magazine, there is an advert

for Nuffield Health Hospitals cosmetic surgery –

not quite so explicit.

68. Drug watchdog 'set for new money'

27 June 2008 – BBC News

Sir Michael Rawlins, chairman of The National Institute

for Health and Clinical Excellence (NICE) has

announced that his organisation is about to get a significant

amount of Government money to expand its

work.

For full report click here

69. New CRB Business Plan 2008/09

27 June 2008 – CRB

The CRB Business Plan 2008-2009 is now available

on the website.

For full report click here

70. Prime Minister sets out his vision for

world-class public services

27 June 2008 - COI

The Prime Minister outlined his vision for transforming

England's public services. In a Cabinet Office report

‘Reaching World Class: The next stage in improving

public services’, he argues that although public services

have improved dramatically over the past decade

they are not yet world-class and a new stage of

reform is required.

He identifies three key characteristics of world-class

public services:

empowering citizens who use public services

by: extending choice and complementing it with

more direct forms of individual control, such as

personal budgets; giving people opportunities

to do more themselves; stronger local accountability;

and making sure there is greater transparency

on service performance.

* fostering a new professionalism in the public service

workforce that combines: services responding

more directly to users' needs; consistent quality in

day-to-day practices; higher levels of autonomy from

central government wherever front line professionals

show the ambition and capacity to excel; and greater

investment in workforce skills.

* strong strategic leadership from central government

to ensure that direct intervention is more sharply concentrated

on underperforming organisations, while

creating conditions for the majority of services to

thrive more autonomously.

71. Desert Island Discs

27 June 2008 - BBC Radio 4 09:00hrs

Health Minister Lord Darzi picks his favourite tunes

and talks of his drive and ambition and the challenges

he faced in his early career.

Ed. You can listen to this using the BBC iPlayer

go to the website for ‘Radio 4’ – it is easy to

‘navigate’ to it.

72. Awards for best end of life care

26 June 2008 – NCF

The first 35 care homes in the UK to achieve 'Gold

Standard' accreditation for end of life care have received

awards at a conference in Birmingham on 25

June 2008.

The Gold Standards Framework seeks to improve

the organisation and quality of care for residents in

the last years of their lives, by improving team working

with others and reduce avoidable hospital admissions.

For full report click here

73. Independent brokers ’should be regulated

by service users’

26 June 2008 – NCF

The Department of Health has commissioned a report

by the National Development Team to research into

the role of brokers. The resulting report by social

inclusion charity the National Development Team has

called for brokers who organise support packages for

individual budget users to be regulated by service

users and carers.

For full report click here

74. Coroner reform: stronger powers give

families more involvement

26 June 2008 - UKPolicing.info

New coroners' powers to help prevent avoidable

deaths were announced by Justice Minister Bridget

Prentice in response to views expressed by bereaved

families.

75. Primary Healthcare Review

26 June 2008 - Colliers CRE

Colliers has launched a new market sector review

concentrating on primary healthcare, looking especially

at property requirements and the shift in lease

characteristics – all in a compact four sides.

To access a copy go to http://www.emailcampaigner.com/

download_resource.html?resource_id=541

76. Commissioning to make a bigger difference

– A guide for NHS and social care commissioners

on promoting service innovation

25 June 2007 Department of Health

This 92 page publication dated May 2008 has just

seen the light of day! Its aim is to stimulate thinking

and assess the extent to which a given change idea

is a service innovation. The guide exhorts people to

“Focus relentlessly on improving the quality of care

patients receive and to move away from cost containment

and seeks to harness innovation” – Our NHS

Our Future

http://www.dh.gov.uk/en/Publicationsandstatistics/

Publications/PublicationsPolicyAndGuidance/DH_085753

77. Cabinet Secretary publishes plan to improve

data security

25 June 2008 - COI

Cabinet Secretary Sir Gus O'Donnell published a review

of information security in government, putting in

place a new framework for the future to improve the

rules, culture, accountability and scrutiny of data handling.

The review, which was commissioned by the Prime

Minister, sets out the wide range of actions that have

already been put in place to improve data security,

and outlines what will be done to strengthen policies

further by building on existing momentum.

The changes announced in the report fall into four

groups:

* Core measures. A series of mandatory minimum

measures is being put in place across government

including encryption and compulsory testing by independent

experts of the resilience of systems.

* Cultural change. All civil servants dealing with personal

data are to undergo mandatory annual training.

The Government will also introduce Privacy Impact

Assessments, recommended by the Information

Commissioner;

* Cultural change. All civil servants dealing with personal

data are to undergo mandatory annual training.

The Government will also introduce Privacy Impact

Assessments, recommended by the Information

Commissioner;

77. Cabinet Secretary publishes plan to improve

data security (continued…)

* Stronger accountability. Data security roles within

departments are being standardised and enhanced

to ensure clear lines of responsibility.

* Increased scrutiny. Departments will report on their

performance, the NAO will look at what they say, and

the Information Commissioner is already planning his

first spot checks

Ed. There is no mention of such mandatory annual

training for ministers - Hazel Blears had

hers stolen recently.

78. Disability dolls: a blessing for kids, or

just a sick joke?

25 June 2008 - The Times

A look, over three pages, at the dolls designed to

represent Down’s Syndrome, blindness, chemotherapy

are apparently a growing market – the debate,

do they help children to cope with disability?

79. The King’s Fund and Marie Curie Cancer

Care announce new partnership role on endof-

life care

24 June 2008 – King’s Fund

The King’s Fund and Marie Curie Cancer Care has

announced an extension to their partnership to improve

end-of-life care.

Starting from September 2008, The King’s Fund Director

of Development, Steve Dewar, will be taking

up a shared post between the two organisations and

will work to develop the contribution of both organisations

to the further improvement of end-of-life services

across the UK.

For full report click here

80. NCF supports National Falls Awareness

Day

24 June 2008 – NCF

The National Care Forum is calling on people to join

in on National Falls Awareness Day to help older

people stay fit, healthy and independent in later life.

For full report click here

81. Wake-up call on health inequalities

24 June 2008 - COI

Health Profiles for every local authority and region

across England have been published by the Department

of Health and the Association of Public Health

Observatories.

The Profiles use key health indicators to capture a

picture of the nation's health down to local level, providing

areas across England with valuable information

to improve their population's health. This year's

data also includes new information on child health

inequalities.

People in England can expect to live longer and

healthier lives, but the health gap between the most

affluent and most deprived wards within each local